A man from Jiangxi became a defendant and replied "OK" on WeChat. Liu Mouyun | WeChat | Man
Using emoticons during online chatting
Gradually becoming a habit for everyone to socialize and chat online
But improper use of facial expressions
There is also a possibility of being sued
Case Review
On December 22, 2022, Guo discussed the repayment of his son Liu Mouwei's loan with Liu Mouyun on WeChat. Guo sent a WeChat message requesting Liu Mouyun to become the debt guarantor for his son Liu Mouwei's loan affairs. Liu Mouyun responded with an "OK" WeChat gesture on December 24.
Later, due to the borrower Liu Mouwei's failure to repay the relevant debt, Guo Mouwei filed a lawsuit against Liu Mouwei and his father Liu Mouyun on January 6, 2023, claiming that they had not repaid the debt on time, and demanded that they bear the repayment responsibility of principal 159118.4 yuan and interest 7907.88 yuan.
Court Trial
During the trial, Liu Mouyun objected to the plaintiff's claim that he was the guarantor of Liu Mouwei's debt, stating that his response to the "OK" WeChat emoji was that he had no obligation to repay the debt owed by his son Liu Mouwei to the plaintiff Guo Mouwei two or three days later.
After trial, the People's Court of Dingnan County found that the defendant Liu Mouyun replied with an "OK" WeChat emoji to the plaintiff's request for him to be the debt guarantor for the defendant Liu Mouwei's loan affairs, indicating that he agreed to be the guarantor of this debt and had an obligation to assume the loan repayment responsibility when the defendant Liu Mouwei failed to repay the loan on time.
Finally, both parties agreed to reach a mediation agreement: the defendant Liu Mouyun and the defendant Liu Mouwei shall jointly assume the repayment responsibility and repay the relevant loan of Guo Moumou within the agreed period.
Judge's reminder:
In daily online social chats
When it comes to legal rights and obligations
It should be expressed in written form as much as possible
Or choose emoticons that are not easily ambiguous
To clarify one's true meaning
To avoid unnecessary misunderstandings and disputes