On July 24, jinan quadrangle is released tag flaw case together, forensic court decision, some Motor Corporation does not form consumption fraudulent action.
Some and autograph of some Motor Corporation order Qin Mou car agreement, conventional the Qin Dynasty is such-and-such order some motile car, the price is more than yuan 430 thousand. That day, the Qin Dynasty is such-and-such pay deposit 10 thousand yuan. January 2018, some consign the rest buys Qin Mou car section, xiang Qin of some Motor Corporation is such-and-such consign car. When car sells, some Motor Corporation is printed palpability carries in propagandist book this car length, card of certificate of this car consistency, travel carries clear car to grow, with carry in propagandist book bright car length is abhorrent. In March 2018, some company printed propagandist book afresh, the car length that common edition bumper and athletic edition bumper should install to adding in propagandist book undertakes distinguishing tagging.
The Qin Dynasty is such-and-such handle quality issue more to prove experience case car exists, referred the car photograph that films by oneself, car condition appraisal evaluates the old motor vehicle that reachs proper motion to entrust appraisal of some old motor vehicle to evaluate limited company to be made to experience case car report, should evaluate a report to hold the issue that clear car exists. The Qin Dynasty is such-and-such Ceng Yu the portion changed in some Motor Corporation in Feburary 2018 partial car spare parts.
April 2018, the Qin Dynasty is such-and-such sue to the court, the requirement sentences Ling Mou Motor Corporation to return the money that buy a car lawfully, compensate for 3 times the money that buy a car, and compensatory car purchases the cost such as duty of duty, boat of car insurance premium, car.
Case focus depends on, xiang Qin of some Motor Corporation is such-and-such when selling car, whether to put in fraudulent action.
The court thinks via cognizance, the agreement buying a car that some and some Motor Corporation sign Qin Mou, the true meaning that fastens bilateral party expresses, of not lawbreaking, administrative regulations mandatory regulation, business contract is lawful and active. When to Qin Mou about some Motor Corporation some sells car, whether to put in fraudulent action, whether to answer applicable " rights and interests of consumer of People's Republic of China protects a law " fiftieth 5 regulations give compensatory problem. " rights and interests of consumer of People's Republic of China protects a law " fiftieth 5 the first section provision: "Operator provider is tasted or the service has fraudulent action, ought to increase the loss that recoups its to get according to the requirement of consumer, of the cost that raises compensatory amount to buy the money paid for something purchased or received for something sold of commodity to perhaps accept a service for consumer 3 times... " . About fraudulent action, think one party party tells each other intentionally false circumstance, conceal true condition intentionally perhaps, prevail on the opposing party makes wrong meaning denotive, can maintain for fraudulent action.
In this case, some Motor Corporation is when car of sale experience case, the length that all car that are the same as a model tag in propagandist book and Qin Mou buy car length some abhorrent. Later, some company should tag flaw hind in discovery, printed this car afresh propagandist book, the car length of bumper of common to assembling edition and athletic edition bumper undertakes distinguishing tagging. The court thinks, some Motor Corporation did not undertake to assembling the car dimension of athletic edition bumper special tagging behavior department tags a flaw, should tag a flaw to be not had tell each other false circumstance or those who conceal true condition is intended, the meaning that also can't make consumer the Qin Dynasty such-and-such make a mistake expresses, some Motor Corporation does not form consumption fraudulent action, the Qin Dynasty is such-and-such ask some Motor Corporation returns car section, compensation 3 times the money that buy a car, compensate for the lawsuit that relevant duty expends to request, without legal basis, do not grant to support.
Law sets related according to, the court decision rejects the lawsuit with accuser such-and-such the Qin Dynasty to request.
The Qin Dynasty is such-and-such refuse to obey first instance court decision, mention appeal. Classics of 2 careful court is tried, reject Qin Mou some appeal, maintain original judgement.
Judge analysis, consumer rights and interests protects the cognizance of fraudulent action in the law, ought to applicable " top people court implements general rule of civil code of < People's Republic of China about carrying out > the opinion of a certain number of problems (try out) " in about fraudulent action make important document, should include con and intended, fraudulent action namely, make the mistake that be immersed in by con person is known, make be based on by con person the content that the mistake is known and makes truthless meaning show 4 levels, be like consumer to was not made because of be informed of operator phonily or be being concealed painstakingly truthless denotive, should not maintain for consumption con.
Brook of Wei Xiao of Ma Yunyun of reporter of dot of one of Qi Lu of · of Qi Lu evening paper's Cui Yan's trainee
