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发表于 2012-5-28 13:11:14 | 显示全部楼层 |阅读模式 <
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recently, by the two court decision, the bank eventually recovered the loss of 30000 yuan.two years ago, shihezi resident yu yong just (a pseudonym) in the xinjiang shihezi bank housing loans, loan of $30000,adidas f50, for a period of one year.
for the time of loan payments,air jordan pas cher, the bank's attorney said, "the loan contract, the bank according to the terms of the contract from noon to yu yong just account into the loan of 30000 yuan.as a result of the bank staff operational errors, and in the afternoon to yu yong just accounts repeat scored 30000 yuan loan.
the tally of 60000 yuan."afterwards,burberry, the bank found errors in reconciliation, many find the yu yong gang, hope that he can return 30000 yuan.but yu yong insists he did not receive the bank give 30000 yuan loan, no withdrawal over the money.
yu yong was on loan until the expiration of the contract,louboutin, the dispute is not resolved.in 2010 july, the bank will yu yong was indicted to the court of shihezi city people, until the hearing, yu yong just didn't show up.
the first trial,air jordan, the bank was lodged by the loan contract, loan certificate and yu yong just money vouchers, account statement.the court identified: yu yong just account for bill in may 26, 2009, thirteen twenty and twenty fourteen were hit 30000 yuan.
in july 12th the same year, yu yong just in the account money 5000 yuan,louboutin, accounts receivable for a total of 65000 yuan.while in the loan contract period, yu yong just account withdrawals for a total of 63500 yuan.
because yu yong was not present in court, the court of first instance to make a default judgment: yu yong just return the bank 30000 yuan loan,burberry, and the payment of interest 703.24 yuan.after the court, yu yong was finally revealed.
but he refuses to accept a judgment,coach outlet, in 2010 november to eight divisions of agricultural intermediate people's court of appeal.on the court, both had a heated debate.in the face of the bank to produce evidence, yu yong just insisted: "i see no loan 30000 yuan.
it had not taken the money.the bank provides, not unilateral my signature on the bill, to prove that i take this money."yu yong just submitted loan period special bank card, and determine the card had been in his possession, never lend to others, only he himself knows the password.
the bank asked yu yong to just provide the bank card matched passbook, to print this account transactions, but yu yong just called "passbook lost".agricultural division eight intermediate people's court was going to the bank, yu yong was presented with the credit card transaction schedule seized.
after the check, and a trial of bank bill submitted to content.the court found: bank to yu yong just lending more 30000 yuan of fact.yu yong just should be obtained from the 30000 yuan of loan return to the bank.
recently, agricultural division eight intermediate people's court made a final decision: reject appeal,louboutin pas cher, maintain original judgement.the judge said agricultural division eight intermediate people's court judge li: both sides of the case at issue is whether the bank to yu yong just accounts for a $30000 loan.
because yu yong was most withdrawals are automated teller machines, complete, banks objectively unable to provide containing yu yong just signed withdrawal credentials.but the bank where yu yong had loan period ledger, is the bank computer system automatically completed, clearly reflected the loans the two times into account the fact that yu yong just 30000 yuan,michael kors outlet, the detailed account of the content recorded and court yu yong just in its own custody bank card access content trading agreement.
therefore, that the bank to yu yong just put 30000 yuan loan.according to china's "general principles of civil law" stipulates: "no legal basis, to obtain improper benefits, resulting in another person's loss, the illegal profits shall be returned to the person who suffered the loss.
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