Joke Collection Website - Public benefit messages - How to treat the "missing" of 6.5438 million bank deposits of post-80s women, and the court awarded the bank compensation of 4.5 million?
How to treat the "missing" of 6.5438 million bank deposits of post-80s women, and the court awarded the bank compensation of 4.5 million?
In 20/0/3, Kloc represented a friend in a case where his savings account was stolen and sued the bank for compensation.
Friends and bank cards are in Beijing, and the bank cards were stolen at one or two in the morning. When I woke up at eight o'clock, I opened a bunch of SMS reminders, and hundreds of thousands of cards were taken away, leaving only dozens of dollars in the mirror. The withdrawal location shows that it is in a certain area of Guangdong. I think the card was copied and the money was taken away.
My friend called 1 10 to call the police, and 1 10 asked to go to the police station to make a record. I reminded my friend that I must take the stolen bank card away. Considering that the money may not be recovered, it is necessary to go to court with the bank.
I also asked my friend to go to the nearest bank immediately after coming out of the police station and take out some money from the remaining dozens of dollars. My friend said it was unnecessary, just a few tens of dollars. I said it was for evidence, so I did it.
Sure enough, the bank certainly does not agree to bear the liability for the losses of depositors.
Later, I went to court with the bank. Before we prove
1, the fact that the bank card was stolen,
2, the bank card was stolen when I was in my hand, which was by no means my doing.
I always have the bank card, because it is not easy for the password to be leaked and stolen.
4. Bank cards can be copied, which is caused by improper bank supervision and failure to fulfill security obligations.
After three sessions, Haidian Court ruled that the bank should bear 90% responsibility. Later, the bank appealed and the original judgment was upheld in the second instance.
This is the first one.
But in the second case, I received an appeal after losing the case in the first instance. Although it is similar to the first case, the result is quite different! !
Get out first. If anyone reads it, I'll look back and see if I can find the judgments of the two cases to upload.
(The case has been filed for a long time. I'll look for it when I come back from the two sessions next week. )
The second case (I took the case, but I was represented by another colleague because of a collision in court) was a case of first instance in which my bank card was stolen and I received compensation.
It wasn't long before the first case won. Although it is a second trial, I know it is difficult to change the sentence in the second trial, but after all, with the first foundation, the two cases are too similar, so I took the case with confidence.
Unfortunately, the second case lost. At that time, I remember that the judge wrote in detail the reason for losing the case, which was nothing more than the bank fund management institution. The plaintiff could not prove that the stolen money was caused by poor bank supervision, and because it involved a criminal offence, the plaintiff's claim was rejected comprehensively.
In fact, there are many opinions about the judgment of second instance, especially the application of pre-trial punishment is particularly unreasonable. But unfortunately, this is the result.
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