"My money is kept with you, and you are responsible! In Guangdong, Ms. Zhang deposited 6 million yuan in the bank for the demolition, but her friend forged documents and transferred all the money. When the deposit period expired, Ms. Zhang asked the bank for a deposit of 6 million, but the bank refused to repay the loan. What's going on here? Who should pay Ms. Zhang's 6 million?
01.Review of the course of the case
In a family in Guangdong, Ms. Zhang unexpectedly received a huge sum of 6 million yuan due to the demolition of her home. This money is like a mountain, pressing on Ms. Zhang's heart. On the recommendation of a friend, she decided to deposit this huge amount of money in a bank with seemingly high interest rates, hoping to make a steady income.
With a vision for the future, Ms. Zhang deposited 6 million yuan in this bank. With the promise of the bank manager, she opted for a 2-year fixed deposit with an interest rate of up to 6% per annum. Ms. Zhang's husband was suspicious of the matter, but Ms. Zhang ignored it. Soon after, Ms. Zhang and her husband found that the money on the deposit slip was missing! They immediately went to the bank to inquire, only to be told that the deposit certificate was forged and that the money had been transferred. The husband and wife were stunned, and after calling the police, ** intervened in the investigation. After an in-depth investigation, it was discovered that it was a well-planned fraud case.
It turned out that Ms. Zhang's deposit was attracted by a seemingly high-interest rate bank recommended by a friend, but she did not expect that her friend and some people teamed up to forge the certificate of deposit and transfer the money away.
After a long and difficult investigation, ** successfully captured the ringleader of the money laundering and successfully recovered Ms. Zhang's deposits. But because the money involved a crime, it was seized.
Two years later, when the deposit deadline expired, Ms. Zhang took the passbook to the bank to withdraw money. However, the bank refused to pay her on the grounds that her funds had been seized by the Public Security Bureau: "Your money has been seized by the Public Security Bureau, and we cannot pay it." ”
Ms. Zhang argued: "My money was defrauded and has nothing to do with the Public Security Bureau. I deposited the money in your bank, and you should pay it. However, the bank took a tough stance and said that Ms. Zhang's money was stolen money and could not be redeemed.
The two sides argued, and Ms. Zhang decided to take the bank to court.
So, from a legal point of view, can Ms. Zhang's money be successfully recovered?
02.Analysis from a legal perspective
First, the bank failed to sufficiently prove the legitimacy of its refusal to pay. When Ms. Zhang took the passbook and asked to withdraw money, the bank could not refuse to pay the money on the grounds that the funds had been seized by the Public Security Bureau. Because the deposit was legally deposited by Ms. Zhang in the bank, her legitimate rights and interests should be protected.
Secondly, from the perspective of legal provisions, the Regulations on the Administration of Savings clearly stipulate that banks must handle withdrawals in accordance with the records on the customer's passbook and the terms of the contract. This means that when the deposit matures, the bank is obliged to pay the principal and interest of the deposit to the depositor as agreed.
Finally, the case also involved the bank's duty of secrecy. Due to the bank's failure to do a good job of confidentiality, Ms. Zhang's deposit was transferred away. Therefore, the bank has been negligent in management and should bear the corresponding responsibility.
In the end, the court ruled that the bank should pay Ms. Zhang's deposit principal of 6 million yuan and the corresponding interest in accordance with the contract. What do you think about this?
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