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Henan Chinese Commercial News reporter Wang Hongwei
Bank cards still,hogan outlet, the money was gone. Police investigation found that the money taken away by others in the field. Are banks bear responsibility?
Recently,abercrombie france, Zhengzhou Zhongyuan District People's Court,hogan, the banks take full responsibility. But after identical case, the court rejected the request and some depositors, and some court sides share responsibility.
Case
The money was inexplicably removed
Banks was sentenced to full compensation
February 9, 2011, Zhengzhou public Kim to the bank teller, they found deposited on the card before 13,000 yuan did not, "leaving little interest." Bank through informed, January 31, 2011,abercrombie, there is a middle-aged woman in Zhoukou one other financial institution ATM machine took away the money. Kim immediately reported to the police,http://www.ebay.co.uk/itm/make-your-own-website-mobile-web-design-builder-digital-item-/181281492980?/shockwave/download/download.cgi, the police theft investigation, but to date, case no progress. Kim require banks to compensate for his loss, but was refused. August 9, 2011, Kim sued the bank to pay principal and interest on the total 1.3 million yuan, and bear the loss of fees generated for breach of contract.
Zhengzhou Zhongyuan District People's Court after hearing that Mr. King and bank savings deposits contractual relationship. Kim proved that the number of deposits held by banks and their card is not lost, the card is presented to the court,http://jfy4ghtuertfy.bloguez.com/jfy4ghtuertfy/4856010/imgboard.cgi,hollister france, when presented the report card, already completed his burden of proof. Case, the bank can not prove its case has to pay 1.3 million yuan Mr. King,woolrich outlet, in order to safeguard the legitimate rights and interests of depositors savings credibility and banks shall be liable for the bank to deposit the resulting depositors were stolen. February 15, 2012, Zhongyuan District People's Court, bank deposits and interest payments Kim, transportation costs,hollister france, a total of 1.39 million yuan.
Different sentence
Similar case, different results
July 2009, Zhang found that nearly 2 million people on the bank card less. After the bank inquiry, said it was to extract the money in the ATM machine in Shenzhen, Guangdong, Zhang sued the bank. Erqi District People's Court rejected Zhang's prosecution. The trial judge held that the Department of Zhang bank card holders and master password, change the card deposits,air jordan, banks have timely texting tips, Zhang failed to provide evidence that the bank there is no fault.
August 2010,lancel soldes, Ms. Yang received cell phone text messages to remind people of her 140,000 yuan deposit bank card had been removed. She went to the bank inquiry found 140,http://www.travel-acapulco.com,000 yuan deposit really gone. Police retrieved someone's ATM monitoring: Her money was taken away by two young men,abercrombie france, the two had disassembly unknown device in the automatic teller machine. Ms. Yang's attorney believes that Ms. Yang's bank card and password are stolen yard equipment to copy and steal. In the end, the people's court mediation Jinshui closed, banks paid the money, Ms. Yang.
Controversy
The judge said should be treated differently
Zhengzhou City Intermediate People's Court of the Second Chamber of the presiding judge  people think,http://www.marineelectronicsjournal.com/how_to_buy.cgi,herve leger sale, between depositors and bank savings deposits contractual relationship,http://koutakuji.youchien.to/cgi/bbs12/yybbs.cgi, the bank bears to ensure that depositors deposits and withdrawals security obligations. Banks are not the characteristics of self-service banking,http://www.z-tech.jp/bbs1/sunbbs.cgi?mode=form&no=9528&page=1;, although the obligation to maintain security,http://club.miyazaki-mu.ac.jp/gvolun/bbs/fbregi.cgi, should bear corresponding responsibility. If it is properly maintained depositors at the bank have done to a reasonable duty of care situation, banks should not be asking too much liability, "such as texting reminder, depositors do not react in time, recurrence was stolen,herve leger outlet, the bank may Disclaimer. "
Days Shaochun rights lawyer, said in the bank card information security, etc., exist between banks and depositors apparent unequal relationship, the former master adequate information and advanced technology, and give the money to the bank depositors only With confidence in the banks, they can do that in an absolute trust based on the premise, despite the bank deposit management and arrangements. Depositors do not have the ability to find out whether someone illegally installed devices on automated teller machines, so once involved in litigation,http://www1.chironoworks.com/dance/gra_memo/apeboard_plus.cgi?command=read_message&msgnum=50/, the burden of proof should be on tilt.