Guardians of Grail

zekjhiryyh

's Court of First Instance after the second trial,[link widoczny dla zalogowanych], is that car parking is to put both card,[link widoczny dla zalogowanych], has fulfilled obligations custody should not be liable for damages,[link widoczny dla zalogowanych], dismissed the plaintiff's claim. Things by truck in the parking lot of stolen Feb. 25, 2010, who lives in Dali Yang Fengyi's way of installments to purchase a car service company engaged in transportation for heavy goods vehicles. Two months later, Yang was handled truck motor vehicle license, all for the car service company. At 17:00 on June 3,[link widoczny dla zalogowanych], 2011,[link widoczny dla zalogowanych], Yang drove a truck into the parking lot of Dali City, and received a number of 048 parking card, according to the guidance of the staff parking the car parked in designated locations, and then, Yang will be on the car parking cards will lock the door to leave. At 13:00 on June 11th or so,[link widoczny dla zalogowanych], Yang went to drive, they found a large truck was gone,[link widoczny dla zalogowanych], after asking the guard after that truck has been handed the card and pay the parking fee and left. Yang then reported to the police, the public security organs Despite the investigation, but has not solve the case. Subsequently, Yang and car parking service company will sue for damages of 28 million yuan. Both sides of the debate that the other side has the responsibility Yang and automotive services company that misconduct due to the parking lot, causing the loss of parked cars, parking for all losses should be compensated according to the law. In this regard, parking agents that: when parking,[link widoczny dla zalogowanych], Yang received a yard number 048 parking cards,[link widoczny dla zalogowanych], June 5 when the car drove away, has 048 parking cards returned to the parking lot, but also paid 40 yuan parking fees. According to the provisions of parking: parking collar cards,[link widoczny dla zalogowanych], car travel time and the return of both card pay parking card. No. 048 is now in the hands of parking cards in the parking lot, enough to prove that truck is both card pick up the car. Yang lost his parking card shall bear the consequences of their own,[link widoczny dla zalogowanych], under the "Contract Law" stipulates that parking lot as the safekeeping party has fully fulfilled its contractual obligations, and without any fault, therefore, should not be liable for damages. Judgment dismissing the plaintiff's claim Dali City Court that the case has not yet entered into between the parties to a written safekeeping contract, but has formed a de facto custody relationship, parking card shall be deemed custody certificate. Yang with parking card into the parking lot, due to not take good care of parking cards,[link widoczny dla zalogowanych], resulting in the vehicle with the parking cards left, parking of vehicles on Yang to leave without fault, it should not be liable for damages. Court verdict: dismissed the Yang and automotive services company claims. Yang and car service company first instance verdict, the Court of Appeal in Dali, Dali Prefecture Intermediate People's Court hearing that the stolen vehicle from a car park to open, the management has fulfilled the experience card, charge, release procedures, both custody actual performance of the contract has been completed, the rights and obligations of the contract termination, upheld the verdict.
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