"I'd rather sit in a BMW and cry than sit on a bike and laugh." This sentence once swept the Internet, some people violently attacked it, and some people regarded it as a golden jade good word. Love and money, many people naturally choose the latter, but whether this money is earned by themselves or given by others, it is not known. But rich people are not necessarily fools, and maybe they get nothing to the last step.
In 2014, Li Mou, the owner of the Foshan factory in Guangdong Province, and Hu Li, a female employee of the factory, began an extramarital affair, Hu Li was young and beautiful, and after the two lived together, Li would pay thousands of yuan of "pocket money" every month. Hu Li was overjoyed, thinking that she was going to live a good life, and maybe she would become the boss lady in the future.
However, Hu Li knows that Li has been married and has not divorced his wife, she is just an underground lover of Li, although the factory can not hide secrets, but her affairs with Li can not be publicized with great fanfare. However, Hu Li was willing, thinking in her heart, no matter how bad things are, she did not become the boss lady, but if she broke up with Li, she would definitely still get a large amount of breakup fees.
Hu Li came from the countryside, the family conditions are not rich, so after finishing primary school, she entered the society, and when she was 17 years old, her parents married her, but because Hu Li had not yet reached the legal age of marriage, she did not register her marriage with the man, but held a wedding banquet, in the eyes of the villagers, they were also husband and wife.
But after a year of marriage, Hu Li's relationship with her husband was already incompatible. So Hu Li left her hometown and came to Foshan, looking for a job of more than 3,000 yuan, if Hu Li is down-to-earth, she can also get rid of the backwardness of the small mountain village and move towards her new life. But the lights of the big city made Hu Li lose her way, watching the women around her holding brand-name bags, wearing expensive clothes, going to work and commuting to work, having boyfriends to drive, Hu Li was envious.
Hu Li began to dislike the tired work, less salary, think that they are young and beautiful, must be able to find a rich person, and the married man Li is the rich man Hu Li is looking for, Hu Li wants to meet her vanity through Li, this relationship has been maintained until 2020, Hu Li is pregnant.
As the saying goes, "Mother is precious by child." Hu Li thought that the child in her belly could make her ascend to the throne, so that Li divorced and turned around to marry her. However, Li Mou did not think so, he just regarded Hu Li as a lover, did not want to have further development, and did not have the idea of divorcing his current wife, and regarded Hu Li and the child in her belly as a trouble.
Li coaxed Hu Li, let her miscarry, and promised that as long as Hu Li beat the child, he immediately transferred 200,000 to Hu Li, Hu Li saw that there was no hope of getting 200,000 yuan, and it was good to get 200,000 yuan, so she agreed, and for the sake of insurance, Hu Li also let Li write down a 200,000 IOU. But where can Hu Li play Li? The child was gone, Li and Hu Li broke off contact, Hu Li not only did not get 200,000 but also was fired.
Hu Li was indignant, scolded Li, and took the IOU to court, not only claiming 200,000 yuan, but also demanding 38,000 yuan of moral compensation. So does the IOU written by a married man to his lover have legal effect? First of all, it is necessary to clarify whether there is a real creditor-debtor relationship between the two parties; second, the purpose and nature of the debt; and finally, whether it is to infringe on the legitimate rights and interests of the other spouse.
Extramarital affairs are immoral and not illegal, but legal marriages are protected by law, and if a married man writes a loan slip without borrowing from his lover and there is no debt dispute with his lover, the IOU is suspected of transferring marital property.
In this case, Li's IOU to Hu Li did not indicate that it was a compensation for miscarriage, and the two sides did not have 200,000 yuan of funds. Therefore, after the court trial, Hu Li's lawsuit was rejected, but considering that the miscarriage had an impact on Hu Li's body, Li was sentenced to pay 15,000 yuan in medical expenses and nutrition fees to Hu Li as appropriate.
However, from 2014 to 2020, the expenses that Li gave to Hu Li belonged to the joint property of the husband and wife, then Li's wife had the right to demand that Hu Li return it, and the joint property of the husband and wife includes: (1) wages, bonuses, and labor remuneration; (2) income from production, operation, and investment; (3) income from intellectual property rights; (4) inheritance or donation property (excluding) property that is determined to belong only to one party in the will or gift contract) ;(5) other property that should be jointly owned.