The public Limou spent 810,000 yuan on the "Friends" Chen to buy a furniture that claimed to be "Hainan huanghuali wood", who knows that Huanghua pear is black and sour! So Mr. Li will sue Chen to the First People's Court of Dongguan. A few days ago, the First People's Court of Dongguan City sentenced Chen to return RMB 810,000 to Mr. Li. Chen refused to accept the appeal and the second-instance court rejected the appeal and upheld the original judgment.
In May and July 2014, Limou purchased a set of ring chairs, a set of Taishi chairs and a set of top boxes for Chen. The price was 50,000, 60,000 yuan and 700,000 yuan respectively, totaling 810,000 yuan. Li Mou paid the price to Chen and hired driver A Qing (a pseudonym) to go to Chen to extract the furniture.
After Li bought the above furniture, he had doubts about the furniture material. He entrusted a timber science research institute in Nanjing to conduct the appraisal. The sample was sent to the top of the cabinet door. The research institute made relevant appraisal report and concluded that the timber was sent for inspection. Classified as black rosewood, not belonging to fragrant wood, it can not be called "huanghua pear". So Li asked Chen to return the purchase price, and the two sides failed to reach a negotiation.
Chen argued that Li and his friends became friends because of the common hobby of collecting antiques. In 2014, Li Mou purchased the ring chair, Taishi chair and top box cabinet from Chen, and the total price was 810,000 yuan. Before the transaction, Chen said that he had already stated to Li that the three sets of furniture were huanghuali materials, which were of great value. Li must confirm the mistakes and then pay the transaction. Limou clearly stated that he has been engaged in the management of mahogany furniture for many years, and the identification and sales of mahogany furniture are very good, and generally do not look away. After Li has repeatedly identified and confirmed the three sets of furniture, he paid the payment by transfer and left the goods from Chen.
According to this, Chen believes that the above two transactions have clearly informed Li that the furniture sold is Huanghuali, and that Li has repeatedly tested, identified and confirmed that the two parties have no objection to the material, quality and price of the furniture involved. Mr. Li can be deemed to have passed the inspection as soon as he picks up the goods. Therefore, Chen did not have any fraudulent behavior in the transaction, Li did not violate his true will, the transaction was legal and valid, and there was no change or cancellation. And Chen said that Li's appraisal report does not have the characteristics of evidence, and does not record whether the appraisal institution and the appraiser have the corresponding qualifications, and cannot be used as the basis for the case.
A few days ago, the court entrusted an appraisal firm in Shenzhen to conduct an appraisal. The appraisal report clearly pointed out that the samples extracted from the three sets of furniture involved were Belize Dalbergia, not Hainan Pear, and the two were two different kinds of wood.
The court held that the two parties confirmed that if the three sets of furniture involved were Hainan huanghuali materials, the market value should be more than 1 million yuan, and the price of Chen sold to Limou was only 810,000 yuan, far lower than the market price. . Therefore, the court found that Chen knew or should have known that the three sets of furniture involved in the case were not Hainan huanghuali materials, but they concealed the facts and deliberately disclosed false information to Li, making Limou believe that the transaction was true and the transaction was made. Therefore, Chen’s behavior constituted fraud. Finally, the First People's Court of Dongguan City ordered the cancellation of Li and Chen's sales contract for the establishment of three sets of furniture. Chen should return the loan of RMB 810,000 to Li and bear the case acceptance fee and appraisal fee. Chen refused to accept the appeal and the second-instance court rejected the appeal and upheld the original judgment.
Cartoon Bibs,Drool Bibs,Baby Drool Bibs,Cotton Bibs
Jinan Huatian Leinuo Trade Corporation Ltd. , https://www.huatianleinuo.com