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the owner said he lost 6,300 yuan, and the person who found it said he only had 1,000 yuan. the two sides met in court...

2024-09-15

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a stack of banknotes

one person picked up

a test

measuring people's hearts

the owner of the lost money sued the person who found the money.

requested to return 6300 yuan

in december 2023, in liyang city, jiangsu province, lao han (pseudonym), who was engaged in the recycling of scrap steel, and his partner li san (pseudonym) went to collect scrap steel. he did not use a smartphone and counted the cash he would need today before setting off. the two bought scrap steel from mr. feng. lao han found that he did not have enough cash, so li san paid first with his mobile phone.

after lunch, the two of them took the scrap steel to a collection station to sell. old han suddenly found that the money in his pants pocket was missing. he hurried back to look for it, but to no avail, so he called the police. public videos along the way showed that at 12:16 p.m. that day, when old han got off the car in front of a fast food restaurant, something fell out of his pocket, but the video was not clear enough, and it was only suspected to be the cash that old han had lost. at 12:18 p.m., a man passed by on a bicycle, stopped, picked up the item, and then left.

after investigation, the police identified the man as ning, a local villager. when the police asked ning if he had picked up the money, he denied it. "he must have picked up the money!" old han was unwilling to accept the situation and sued ning to the court, demanding that he return the 6,300 yuan in cash he had lost.

the court: the beneficiary has made an unjust enrichment.

the interests of the injured party should be returned

during the trial, ning did not appear in court after being summoned by the court. when the judge contacted him by phone, he changed his story and admitted that he had found the money: "i found it, i found 1,000 yuan, everyone who worked there knew about it..." "let him find me himself..." "i told you, he found 1,000 yuan, if he says he lost 10,000 yuan, i still have to pay 9,000 yuan?"

to prove that he had indeed lost 6,300 yuan in cash, lao han requested witnesses boss feng and li san to appear in court. boss feng stated that lao han did not know how to use mobile phone to transfer money. on that day, the two went to his company to collect scrap metal. the amount weighed was 7,570 yuan. lao han took out the money in his pocket and counted it. it was 6,300 yuan. the money was not enough, so li san paid with his mobile phone. he saw lao han put 6,300 yuan in cash into his pants pocket.

li san stated that han only had 6,000 yuan in cash that day, so he asked him to take 1,000 yuan, but he didn't have any cash, so he used his phone to pay, and han kept the 6,000 yuan in cash. li san also provided a payment receipt for the 7,570 yuan transfer to feng via wechat.

after trial, the people's court of yixing city, jiangsu province held that if the beneficiary obtained improper benefits without legal basis, the person who suffered losses may request the beneficiary to return the benefits obtained.

in this case, public video recorded the entire process of lao han losing his belongings and being discovered and picked up by ning. later, ning admitted that he had picked up 1,000 yuan. the court confirmed the fact that "lao han's lost property was cash and was picked up by ning." the dispute lies in "whether the amount of cash lost by lao han is 6,300 yuan."

according to the statements of mr. feng and li san, they can corroborate mr. han's claim that he lost 6,300 yuan in cash. secondly, according to daily life experience and logical reasoning, people tend to be anxious when they lose money and are eager to find it back as soon as possible. in this case, the statement made when reporting to the police is more credible.

in summary, the source of the 6,300 yuan in cash that lao han claimed to have lost was legitimate, and it was legitimate and reasonable for him to carry the money, which was consistent with his statement to the police, and could form a complete chain of evidence, meeting the requirements of the high probability evidence rule in civil litigation. it was highly likely that lao han lost 6,300 yuan in cash, and the court confirmed it. finally, the people's court of yixing city, jiangsu province ruled that ning should return 6,300 yuan to lao han in accordance with the law.

judge:civil subjects engage in civil activities.

the principle of good faith should be followed

civil subjects should follow the principle of good faith, be honest and abide by their promises when engaging in civil activities. ning did not contact the owner in time to return the lost property after finding it, nor did he hand it over to the public security and other relevant departments. instead, he took the cash for himself. this behavior violated the principle of good faith and was an act of harming others for the sake of maximizing one's own interests, which deviated from the socialist core value of good faith.

"if a man is not trustworthy, what good is he?" when citizens engage in civil activities, in addition to abiding by laws and regulations, they must also follow basic civic moral norms such as honesty and friendliness, and strengthen their own moral qualities. only by starting from themselves and allowing honesty to be truly rooted in their hearts, can people become more friendly to each other and social civilization be further advanced.

image source: visual china