Refusal to withdraw cash from the red envelope: court decision can be made (in case)


[Case] Watching short videos can lead to red envelopes - many platforms have similar advertising campaigns. Mr. Yang found that a short video platform has such an opportunity. Within two months, Mr. Yang watched short videos on a short video platform and received a total of 3229.43 yuan in red envelopes. After that, the platform organized a "raffle cash withdrawal" activity, with awards ranging from cash withdrawals. Mr. Yang was lucky to have drawn 2466 yuan of the platform's cash withdrawal rights. However, the cash withdrawal process was not smooth. The platform stated that the balance was insufficient and could not be withdrawn. Mr. Yang sued a technology company, the platform operator, to the People's Court of Chaoyang District, Beijing, demanding payment of 2466 yuan in red envelope withdrawal. The company's agent argued that the "Short Video Service Agreement" signed by both parties when the user registered agreed that only when the number of red packets reached 5000 and the balance of the wallet account was equal to or greater than 2000 yuan, could the withdrawal of 2000 yuan be made. Mr. Yang's number of red packets did not reach 5000, which did not meet the withdrawal conditions. A technology company stated that the agreement did not stipulate the opportunity to obtain cash out of red envelopes through a lottery, but should strictly follow the contract agreement. When the number of red envelopes received reaches 5000, the right to withdraw 2000 yuan can be obtained. Mr. Yang recognized that the number of red envelopes received was less than 5000, but said that his participation in the "lottery cash withdrawal" activity had given him the opportunity to receive 2466 yuan in cash, and a technology company should return cash according to the agreement. After the trial, the Chaoyang Court ruled that a technology company paid Mr. Yang 2466 yuan in cash in a red envelope, which has now been fulfilled. According to the Civil Code of China, contracts established in accordance with the law are legally binding on the parties. The parties may modify the contract by consensus. In this case, the "Short Video Service Agreement" signed by both parties represents the true intention of both parties, does not violate the mandatory provisions on the effectiveness of laws and regulations, and is a legal and effective contract. Both parties should perform their obligations according to the agreement. The agreement stipulates the conditions for withdrawing 2000 yuan of cash: the number of red envelopes received reaches 5000 and the account balance is greater than or equal to 2000 yuan. During the actual performance of the contract, the platform released a "lottery withdrawal" activity, and Mr. Yang actually participated in the activity and was lucky to withdraw the rights and interests of "2466 yuan withdrawal". It should be considered that both parties have jointly made a declaration of intention to change the withdrawal method. Now Mr. Yang has drawn a reward of "withdraw 2466 yuan", and his account balance has also reached 3229.43 yuan. Therefore, Mr. Yang's right to withdraw 2466 yuan is established. Zhang Yu, a judge of the Olympic Village People's Court of Chaoyang District People's Court of Beijing, said that with the vigorous development of the short video industry, it is not uncommon to attract traffic resources through such methods as "swiping videos to receive red envelopes". Most users invest a lot of time and effort in short videos developed by platform companies based on simple values. Platform companies should no longer interfere improperly with the cash back process under the condition of obtaining traffic and attention, but should abide by the spirit of the contract and implement the basic concept of honesty and credibility. (Liao Xinshe)

Edit:Ying Ying Responsible editor:Jia Jia

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