"Oh my God, it's so bizarre! "A man deposited 8 million yuan in the bank 3 years ago, but when it expired, when he went to withdraw the money, he was told that there was not a penny in the account! The man demanded compensation from the bank, but the head of the bank claimed that it was not their responsibility and refused to pay any compensation. In a fit of rage, the man took the bank to court, and the court finally made its decision!
01 Story review
The story takes place in Hangzhou, Zhejiang, and the male protagonist, Mr. Xu, is a native who has a well-paying job and a happy family here. A few years ago, their house happened to be demolished, and the compensation amount was as high as more than 8 million yuan.
Faced with such a huge amount of compensation, Mr. Xu did not know how to use the money for a while.
Considering that his children will soon be growing up** and need money everywhere, Mr. Xu decided to keep the money in the bank as a fixed deposit so as not to squander it.
Xiao Zhou, the bank clerk in charge of receiving Mr. Xu, saw that Mr. Xu was going to handle such a large amount of time deposits, and he received him very warmly and completed the procedures in a very short time. Xiao Zhou also personally sent Mr. Xu to the door of the bank.
In the blink of an eye, three years flew by like a rocket. One day, Mr. Xu went to the bank to withdraw money, only to be told that the account was empty and there was no penny.
This news exploded in Mr. Xu's heart like a bombshell, and he was immediately blinded. After repeated verification by the bank, Mr. Xu's deposit of 8 million yuan was indeed missing. Broken and angry, Mr. Xu banged on the counter and shouted to see the head of the bank.
The movement in the lobby of the bank immediately attracted the bank manager. After listening to Mr. Xu's statement, the bank manager immediately launched an investigation.
After some investigation, it was found that on the day Mr. Xu saved the money, his 8 million yuan was transferred.
And this bold person is the Xiao Zhou who received Mr. Xu at the beginning! It turned out that he secretly forged Mr. Xu's signature, transferred the money to an account in his own name, and then resigned without mercy.
After figuring out what happened, Mr. Xu asked the bank to compensate him for his losses, including principal and interest.
The person in charge of the bank refused to admit the account, believing that it was entirely the personal behavior of the employee Xiao Zhou and had nothing to do with the bank, so he refused to compensate.
After many fruitless negotiations, Mr. Xu could not bear it anymore and decided to take the bank to court.
So, from a legal point of view, how should this case be handled? Can Mr. Xu get his money back?
02 End of story
When hearing this case, the court should first refer to Article 577 of the Civil Code: if the parties fail to perform their contractual obligations or perform in a manner inconsistent with the agreement, they shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
In this case, Mr. Xu deposited the money with the bank and signed a storage agreement with the bank. Then the bank should fulfill its contractual obligations to protect the safety of the money.
But in the end, the money was indeed transferred by Xiao Zhou pretending to be Mr. Xu's signature. This shows that the bank is not in place to supervise and fail to fulfill its contractual obligations. Therefore, Mr. Xu has the right to claim compensation from the bank.
In this case, Xiao Zhou, an employee of the bank, secretly transferred Mr. Xu's deposit, and Mr. Xu suffered a loss. Therefore, the bank should bear the responsibility for infringing on Mr. Xu's property rights and interests, and cannot refuse to compensate Mr. Xu for his losses because of the employee's personal behavior.
As for holding Xiao Zhou accountable, it was a matter between the bank and Xiao Zhou, and it had nothing to do with Mr. Xu.
In the end, the court ordered the bank to compensate Mr. Xu for the principal amount of 8 million yuan and regular interest for 3 years.
This case teaches us a lesson: no matter who or institution we face, we have the right to defend our legitimate rights and interests and protect ourselves with the law.
What are your thoughts on this?