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Suqian public Bin to 50,000 yuan in cash in the bank, then remove the part, you can go to get money even when found, even missing on account 13,950 yuan, an investigation is being taken away in Hunan, a bank. Angry, he believes the bank failed to fulfill its obligations,http://www.gekishi.com, does not recognize the fake book, which leads to their deposits "disappeared",http://www.grobelny-pleszew.com.pl/table/fxofduszsb.html, so the bank to court. Court of First Instance to support Wang's petition,http://www.hohlgassrassler.ch/cache/ubabyvshnn.html, ruling the bank as a single full pay. But the bank refused to accept the decision, appeal. March 24, Suqian City Court hearing on the case of second instance that Bin password improper care of their own books, should bear secondary responsibility; bank also failed to prove that the review done to all professional obligations, should bear the primary responsibility, Therefore, both sides of 13,950 yuan loss responsibility is taken away from others by "forty-six open", the bank compensation Bin 8370 yuan.
Deposit strange theft
13,950 yuan bank was actually removed in the provinces
This incident occurred in November 2008, Suqian public Bin deposited in a local bank account 50,000 yuan in cash, which can hold passbook deposits and debit card deposit and withdrawal in the country,http://www.comundo.eu/info/njmzreqsum.html, to be sure, Bin to account settings the password. After two days, Wang Bin has removed some of the money from the bank. By the end, when Wang went to the bank to extract the remaining 14,000 yuan dismayed to find that when the account is only 50 yuan, 13,950 yuan has disappeared.
Wang then alarm,http://www.comundo.eu/info/feuzqgspws.html, and find their own cash bank reconciliation procedures, the bank lost money payment requirements. But the banks refused to provide withdrawal procedures,http://www.goldener-loewe.de/data/jocpriazme.html, claiming that the money the day before a county in Hunan, a bank passbook was put away by others. But strangely, Wang Bin did not even been to Hunan, and bank cards and books have been installed in the body, not lost.
In this case, Wang believes that there is no check in the bank withdrawals identity of others, did not identify forged bank passbook, leading to their deposits are extracted others, there is a serious dereliction of duty, he shall compensate the losses suffered. Several rounds of negotiations, the bank refused to compensate, Wang Bin had to bank to court.
Faced with litigation,http://w3.poporo.ne.jp/~saka/cgi-bin/xyz/honey.cgi,http://gracebrasil.org.br/cache/nejlnturbr.html, banking wronged argued that Wang's money lost cause because he leaked passwords,http://www.goldener-loewe.de/data/yonkzwrhzs.html, and passwords banks did not know, according to the regulations, only to withdraw their deposits,http://smarthomeshack.com/forum/profile.php?id=96350, or more than 50,000 yuan deposit, Customers only need to check identity documents, and the case was removed is more than 10,000 yuan of demand deposits, so no need to check the identity of customers, and therefore should not be liable for damages.
Court of First Instance examined, Wang Bin and banks in the agreement the two sides did agree: Bin should keep account passwords, password and losses due to leakage caused by themselves. Wang will cash in the bank after the two sides set up savings that contractual relationship, passbook, bank cards for contract documents on both sides. Bank bears guarantee the safety of deposits and depositors for obligations of confidentiality, while identifying forged passbook, bank cards, etc., but also the obligation of the bank.
The court held that, in this case, the bank claimed that Bin password improper care of their own, but did not provide evidence. Even so, even if Bin reveal the password, but if false passbook, bank card bank can not recognize, or can not take away Bin deposits. As banks failed to identify fake books, the loss caused to the Bin should bear full responsibility. Earlier this year, the court banks Bin 13,950 yuan compensation.
Court upheld
Depositors did not take good care of four to assume responsibility password
Banks refused to accept the judgment of first instance,http://www.myip.cn/cgimage.lv,http://www.goldener-loewe.de/data/lqetcxpxhz.html, on March 2 this year,http://www.goldener-loewe.de/data/blvmcsvvqd.html, appealed to Suqian City Court, there are three main reasons: First, when required, savers password, only I know, banks will not know the password, which concluded that the leak case password can only be Bin himself. The second is the first instance of "failed to identify counterfeit bank passbook" by banks to take full responsibility for the decision is wrong, should not recognize counterfeit Hunan bank passbook to compensate, not to mention Hunan bank also received 50 yuan formalities fees, and Wang Bin form a new contractual relationship. Third, the decision has oriented, such as by the first instance verdict, the password does not assume responsibility for disclosure depositors are likely to cause financial fraud and other crimes against banks.
March 24, Suqian City Court of second instance court. The court found that the deposit is being held in a bank passbook forged Hunan removed,http://www.grobelny-pleszew.com.pl/table/jevyhnwnwi.html, enter the password and Wang Bin reserved consistent withdrawals,http://hyougosoap.s102.xrea.com/cgi/j/j.cgi, but Wang did not disclose the password can not be guaranteed.
The court held that the deposit and withdrawal of savings business, people set up a bank account to save money is Bank; bank branches or other institutions entrusted to withdrawals of the country, are the Bank's correspondent bank, the latter agency business once problems,http://scrapbookkits.whateverproduct.com/node/2#comment-44237913, the responsibility borne by the Bank, the case of a bank agency business Hunan just not liable for damages. Moreover,http://www.comundo.eu/info/uchiynwsbu.html, the Bank can not prove Bin done all professional review obligations, deal with the loss of Bin bear the corresponding breach of contract.
As to whether Wang should bear fault liability issues, the second trial believed that deposits password only I know, even the Bank operations staff, he can not be retrieved by a computer password, so the password Bin obligation for safekeeping, and It is precisely because he is not careful,http://www.dosvlegels.info/link/qvweysblsu.html,http://www.kit.hi-ho.ne.jp/cgi-bin/user/keiri/gl2.cgi, it makes the password is known to others. Bin breach of confidentiality contractual savings contracts, deposits impersonator has some fault, they should be held accountable.
Second instance that, in this case, resulting in the deposit was impersonator Wang Bin, there are two reasons,http://210.136.152.85/cgi-bin/aldnet/light/lightbbs.cgi, first, to review the bank failed to fulfill its obligation to identify counterfeit books, two are kept lax password Bin, causing the leak. On the division of responsibilities size, financial institutions as financial safekeeping party, bears the obligation to ensure the safety of depositors' funds, not properly fulfill its obligations due to losses caused depositors should bear the primary responsibility; Bin improper storage of passwords, should bear secondary responsibility. The same day, the second instance court shall confirm the liability of the parties, the bank compensation 60 percent, Wang Bin to bear 40%. Concerned that the Bank can negotiate with the agency conduct recovery.
(Paper party is a pseudonym)