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The counterfeiters know that the fake buys the fake and deliberately asks for th

Publisher:神标ouba Release time:2018-05-24
The "natural freshwater pearl necklace" purchased online by Chutian Metropolis Daily News(reporter Wuchanghua Taoxinzhangliqin) was actually a cultured Pearl, and Qu Mou sued the court for a triple compensation. After the first and second instance, the court found that Qu Mou was "know fake buy fake", and the merchant has refunded and should not bear three times the punitive liability. Yesterday, Wuhan Intermediate People's Court made a final judgment and rejected Qu's lawsuit request.
Yesterday, Wuhan intermediate people's court introduced the origin of the case. On March 27, 2016, Qu Mou, who lives in Wuhan, purchased three "natural freshwater Pearl necklaces" at an Internet flagship store of Hainan Pearl Co., Ltd., for a total amount of 4,944 yuan, which was signed on the 30th of the same month. According to the method of identifying true and false pearls on the Internet, Qu Mou believed that the necklace was a freshwater pearl necklace and reported it to the Industrial and Commercial Bureau of Haikou City, Hainan Province. Haikou industrial and commercial bureau made a reply, ordered Hainan a pearl limited company to make corrections to illegal acts. On July 25, 2016, Qu Mou communicated with customer service and handled returns. Since then, Qu Mou has filed a lawsuit with the court in accordance with the provisions of Article 55 of the "Consumer Rights Protection Law of the People's Republic of China", requesting a triple compensation total of 148.32 million yuan.
The Wuhan Intermediate People's Court found that Qu Mou also purchased Pearl necklaces in the stores of Zhuji City Jewelry Co., Ltd., Zhuji City Aizhao Jewelry Co., Ltd., Zhuji City Ruizhai Pearl Co., Ltd., and Guangzhou Youzhao Jewelry Jewelry Co., Ltd. and other businesses at the same time, and filed lawsuits. The lawsuit request and the fact reason are the merchant uses the breed Pearl to impersonate the natural Pearl sale, belongs to the malicious fraud, asks the merchant to bear the punitive damages liability three times.
After deliberation, the judges of the collegial panel agreed that the behavior of a jewelry company in Hainan violated the jewelry naming rules and constituted false propaganda. However, as a "know false buy false" person, Qu Mou knows that the company's merchandise logo is false propaganda and still purchases it. The purpose is to obtain three times the compensation money. There is no causal relationship between his purchase behavior and fraud. Qu Mou purchased similar products on the online shopping platform within a short period of time and repeatedly initiated lawsuits for additional compensation on the grounds of fraud. His appeal was inconsistent with the legislative purpose of the Consumer Rights Protection Law to protect the legitimate rights and interests of consumers and violated the principle of good faith. Accordingly, Qu's request for triple compensation was not upheld.
The Wuhan Intermediate People's Court judge stated that he did not support this governance model of punishing evil. In the next step, we will gradually limit the profit-making activities of those who buy fake food and medicines, and gradually standardize the market order through judicial precedent.
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