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Yang truck driver truck parked in the parking lot to the parking card on the car, a few days later,http://www.keishicho.metro.tokyo.jp, when Yang to get the car, found the truck had been driven away with the parking card, so Yang and owners of auto service The company claims court will be parking a vehicle loss, loss of fees a total of 28 million yuan. Recently, the Dali Municipal Court, after the Court of First Instance in Dali, the second trial, is that car parking is put ID card, custody has fulfilled the obligations and should not be liable, it dismissed the plaintiff's claim.
Thing because
Stolen truck in the parking lot
February 25, 2010, who lives in Dali Yang Fengyi in installments to buy a car service company engaged in the transport of heavy goods vehicles used. Two months later, Yang for the truck to handle the motor vehicle license, the owner of car service companies. At 17:00 on June 3,http://www.hxsjlm.com/home.php?mod=space&uid=30291, 2011, Yang drove the truck to a parking lot in Dali City,http://wx.jazzsynth.com/wxcgi/kizai/sunkizai.cgi?mode=form&no=74&page=2, and received a number of 048 parking card, according to guidance of the staff car park the car parked in designated locations,Louboutin Pas cher, and then, Yang will be on the car parking card they lock the door to leave. Around at 13:00 on June 11th, when Yang to the car, they found a large truck was gone, after the guard upon inquiry that truck has to pay card and pay the parking fee and left.
Yang then reported to the police, the public security organs Despite the investigation, but has yet to solve the case. Subsequently,Louboutin Talon Compensé, Yang and car parking service companies to court seeking compensation for the loss of 28 million yuan.
Debate
Both sides think the other has the responsibility
Yang and car service company believes that due to dereliction of duty parking lot,http://xs101463.gotoip55.com/thread-282430-1-1.html,Louboutin Plates-forme, resulting in loss of parked vehicles, parking lots according to the law should compensate all losses.
In this regard, the agent believes Parking: in the parking, Yang received a number of 048 yard parking card,Louboutin Sandales, when the June 5 the car drove away, has 048 parking cards returned to the parking lot, also paid 40 yuan parking fees. Under the Parking: Parking collar card, ID card payments and the return of the parking card when the car is gone. 048 now in the hands of parking card in the parking lot, the truck is sufficient to prove that ID card pick up the car. Yang himself lost parking card, should bear the consequences of their own, under the "Contract Law" stipulates that parking lot as the safekeeping party has completely fulfilled its contractual obligations, and without any fault, therefore,http://www.acoh-re.jp/post_mail/postmail.cgi, should not be liable for damages.
Judgment
Dismissed the plaintiff's claim
Dali City Court that the case has not yet entered into between the parties written custody agreement, but has formed a de facto custody relationship,http://bbs.tjjqfkyy.com/forum.php?mod=viewthread&tid=2276824, parking card shall be deemed a deposit voucher. After Yang with parking card to enter the parking lot, since not take good care of the parking card,http://ljbxsh.com/home.php?mod=space&uid=16693, resulting in the vehicle with the parking card to leave the vehicle left the parking lot of Yang's without fault, it should not be liable for damages. Court verdict: dismissed the claims of Yang and car service companies.
Yang and car service company first instance verdict, the Court of Appeal in Dali, Dali Prefecture Court held that, when a stolen vehicle from a car park open, managers have fulfilled his experience card,http://www.vaswim.org/cgi-bin/rcalc.cgi, charge for clearance, custody of both The actual contract has been fulfilled, rights and obligations of the contract termination, upheld the verdict.
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發表於 2015-6-26 03:30:46
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