Compiled from: Fali Li, Modern Express, China Law Popularization, Shandong High Court
 
"Love you for ten thousand years" is a classic line from the movie *A Chinese Odyssey*. A married man in Suzhou, after having an affair, lent 300,000 yuan to his lover to show his sincerity, saying, "If a time limit must be added, let it be ten thousand years!"

 
 

[5] Case Review
1、Lent 300,000 to a lover, saying "I'll lend it to you for ten thousand years."
 
Zhang Yong (alias) and Li Yuan (alias) met in August 2017, fell in love, and later cohabited. At the time of meeting, Li Yuan was divorced. Zhang Yong was still married but deceived Li Yuan, falsely claiming he had divorced his wife.
 
At that time, Li Yuan was financially strained. To show his sincerity, Zhang Yong voluntarily transferred 300,000 yuan to her, stating that the money was a "guarantee" that he had obtained his divorce certificate. After receiving the transfer, Li Yuan immediately offered to write an IOU to Zhang Yong. Zhang Yong refused the IOU and said, "If you insist on writing an IOU and must add a term, then let it be ten thousand years!"
 
2、Relationship broke down, demand for repayment of 300,000 refused
 
In March 2018, the couple's relationship ended, and they stopped cohabiting, leading to a dispute over the 300,000 yuan.
 
Zhang Yong repeatedly harassed Li Yuan, demanding repayment. Li Yuan said she would sell her house to pay him back.
 
At this point, Zhang Yong further stated that if Li Yuan agreed to maintain a romantic relationship with him, the 300,000 yuan could continue to serve as a "guarantee." Li Yuan refused, so Zhang Yong claimed the 300,000 yuan was a loan and sued for its repayment.
 
 
Court judgment
After trial, Xiangcheng Court held that after Zhang Yong paid 300,000 yuan to Li Yuan, both parties expressed their intentions via WeChat. Li Yuan voluntarily offered to issue an IOU, but Zhang Yong refused with the statement "add a term of ten thousand years." Therefore, the civil loan relationship between the parties did not reach a mutual agreement. The 300,000 yuan had been actually delivered, and after Li Yuan accepted the funds, Zhang Yong explicitly stated it was a loan for ten thousand years, which should be deemed as having no intention to demand repayment and should be recognized as a gift.
 
Zhang Yong cohabited with Li Yuan while being married, causing Li Yuan to become pregnant and have an abortion during the cohabitation. After ending the cohabitation, he demanded the return of the gifted funds, which violated the principles of good faith and public order and good customs. Li Yuan had previously expressed willingness to sell her house to repay the debt, but Zhang Yong insisted on keeping it as a guarantee, and no agreement was reached on the return. Therefore, Zhang Yong's claim lacked legal basis, and the court did not support it, ultimately dismissing Zhang Yong's lawsuit.
 
Zhang Yong appealed the decision, and the Suzhou Intermediate Court upheld the original judgment in the second instance.

 
 

 
[1] The author's perspective
1. "Mistress" has no legal definition.
 
In China's existing laws, there is no relevant definition or provision for "mistress." It is commonly understood as "someone who disrupts another's marriage," but since the mistress herself may not know that the other party is married, the phenomenon of being "unknowingly a mistress" is also widespread in reality.
 
Among Zhang Yong, Zhang Yong's wife, and Li Yuan, the only certainty is that Zhang Yong, who had an extramarital affair, is necessarily at fault, because adultery not only violates public order and good customs but may also involve the crime of bigamy in severe cases.
 
2. If Zhang Yong's wife sues Li Yuan for the return of 300,000 yuan, the probability of winning should be higher.
 
On one hand, since the 300,000 yuan given by Zhang Yong to Li Yuan is joint property of Zhang Yong and his wife, both spouses have equal rights to dispose of joint property. Except for expenses necessary for daily life, neither party can arbitrarily squander, conceal, or transfer joint property. Zhang Yong's unauthorized disposal of joint property to his mistress infringes on his wife's property rights, which is both morally wrong and unsupported by law. Therefore, if Zhang Yong's wife sues Li Yuan for the return of the 300,000 yuan, the court should support it.
 
On the other hand, Zhang Yong's wife is the innocent party in this case. Since Zhang Yong unilaterally disposed of joint property, harming his wife's interests, the wife can request the court to divide the joint property. Half of the 300,000 yuan must belong to the wife. Thus, even if Zhang Yong's gift of his own half to Li Yuan is valid, the wife can still reclaim her 150,000 yuan.