The woman loses her boyfriend's Rolex, court: poor custody, pay 58,000 yuan
Author:Harbin Daily Time:2022.08.06
The Qixi Festival just passed
Flowers, gifts, red envelopes can be seen everywhere in the circle of friends
But some friends of the Qixi Festival memories
Not necessarily beautiful
today
Topic#Woman accidentally loses the Rolex sent by her boyfriend.
Rush on the hot search
Not long ago, the Ninghai Court concluded that the woman was sued by her boyfriend to claim a case of 58,000 yuan because of losing her boyfriend's Rolex watch.
In May 2021, after Xiao Li and Xiao Chen met in the bar, the two quickly fell in love and determined their love relationship.
Three months later, the two came to the bar again. They happened to meet the guests at the table next door generous and gave a lot of valuables to girls with their peers.
Seeing this scene, Xiao Chen Liu revealed his envy eyes, and the friends around him also coaxed, "Xiao Li, you see that someone else's girlfriend has gifts to receive, just Xiao Chen did not, do you show it!"
In order to charge his girlfriend, Xiao Li immediately took off the Rolex watch on his hand and put it on Xiao Chen's hands, and quickly said to Xiao Chen, "You have to have others."
After waking up the next day, Xiao Li, who calmed down, thought of sending out a valuable watch out of his impulse. He couldn't help but regret it, so he asked Xiao Chen on WeChat:
Is the watch still with you? This watch was sent to me by my dad. It was very expensive to buy it.
Otherwise, I will give you the watch.
You wear it, don't sell it.
However, on the day of the Qixi Festival, Xiao Chen wore his watch out and played. After returning, he found that the watch was lost. She told Xiao Li for the first time. After listening, Xiao Li hurriedly asked Xiao Chen to find it well.
"What I gave me was my thing, why should I lose." The two quarreled about this, and the couples were scattered in the past.
Xiao Li, who was unsuccessful to claim watches, came to the Ninghai Court to sue, asking Xiao Chen to compensate a watch for 58,000 yuan.
Xiao Li believes that the two sides were in love at the time. At that time, the watch was borrowed from Xiao Chen Chong. When delivering the watch, he was also drunk. Reasons to push.
Xiao Chen said angrily that since the two sides are in love, there is no borrowing relationship of the watch. The watch was given by Xiao Li. Xiao Li was not drunk when he gave the watch, and did not explain that he would return the watch after charging the scene. Make compensation.
Xiao Li and Xiao Chen are the relationship between lovers. Xiao Li delivered the watch to Xiao Chen for charging the scene. Later, when Xiao Li asked Xiao Chen to ask his watch, Xiao Chen said that his watch had been lost and refused to compensate.
According to "You wear it, don't sell it for me" "If you can't find it, you can only discount and pay, but you really have to explain to your family" and other WeChat chat records. Xiao Li did not give the watch to Xiao Chen's meaning. Said that after learning that Xiao Chen might have lost his watch, he asked Xiao Chen many times to compensate, and the two parties also negotiated the compensation. He could determine that although Xiao Li had to pay the watch with Xiao Chen, he still reserved the ownership of the watch. Xiao Chen Chen Chen Chen, Xiao Chen, Xiao Chen. The fact that the opponent has no right to dispose.
Therefore, the court determined that the legal relationship between Xiao Li and Xiao Chen's watches was to borrow a contract relationship. After using Xiao Li's watch, Xiao Chen had a proper custody and the obligation to return according to the agreement. Now Xiao Chen is not good at it, causing the watch to be lost, and the losses in response to Xiao Li are liable for compensation.
Therefore, it was judged that Xiao Chen compensated Xiao Li's watch for 58,000 yuan. After the judgment of the first instance, Xiao Chen appealed, and the Ningbo Intermediate People's Court maintained the original judgment.
Source: Qianjiang Evening News, Ninghai County People's Court
PSAs
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