GĐXH - Although the person who received the mistaken transfer of 11 billion VND agreed to return it, the amount the woman received was 2 billion VND and the bank affirmed that they were not wrong.
Transferred 11 billion VND by mistake but only received 2 billion VND back
Ms. Chu felt extremely confused when the parties refused to pay back the remaining amount.
Ms. Chu (residing in Guangdong, China) is a financial officer of a company. She said that the end of the year is the busiest time, needing to summarize the books of the year, prepare annual financial reports, handle tax issues and reconcile payments.
On the day of the incident, while paying for the goods, a colleague came to ask about a problem. While listening to her colleague's question, Ms. Chu entered her payment account information and accidentally entered the wrong account number, resulting in 3.2 million yuan (NDT) (about 11 billion VND) of goods being transferred to another company.
Upon discovering the problem, Ms. Chu immediately contacted the person in charge of the company, Mr. Wang, and requested a refund of 3.2 million yuan. Since this was an unjustified benefit, Mr. Wang understood the seriousness of the problem and quickly agreed to refund. However, after waiting for half a day, he only refunded 600,000 yuan (about 2 billion VND), and the remaining 2.6 million yuan was still nowhere to be seen.
Not receiving the money, Ms. Chu called to urge him, but Mr. Vuong said that he could not refund it at the moment because the company was losing money and owed the bank 2.6 million yuan. When the money was transferred to the account, the bank automatically deducted the money to pay the debt. After saying that, he sent her the transaction history, saying that it was not that he did not want to pay, but that he really did not have the money.
Ms. Zhou then contacted the bank to request a refund of 2.6 million yuan and explain the reason, but the bank refused. The bank said that the deduction from Mr. Wang's account was completely legal, in accordance with the previous agreement between the two parties.
How does the court decide?
Not agreeing with the bank’s settlement, Ms. Chu’s company filed a lawsuit in court. Through the arbitration process, the court determined that Mr. Vuong was the borrower and was responsible for repaying the loan within the agreed time. When the deadline was overdue, the bank had the right to deduct money from his account. The amount of 3.2 million yuan in this case was considered an unjust benefit to Mr. Vuong and he had to return this amount.
Therefore, in the first instance trial, the court decided: The bank is not responsible, Mr. Vuong must return 2.6 million NDT to Ms. Chu's company.
However, Ms. Chu's company disagreed with this ruling and appealed. According to the country's Civil Code: "A legally established contract is only binding on the parties involved." In this case, there was a loan contract relationship between Mr. Vuong and the bank, so both parties were legally bound. As for Ms. Chu's company, there was no contractual relationship, so the bank should return the money.
Finally, in the appeal hearing, the court decided: The bank must refund 2.6 million yuan to Ms. Chu's company. As for Vuong, he still has the full debt to the bank from before.
Through this incident, the local government has made it clear: To avoid falling into the above situation, first of all, people need to be careful when making money transfer transactions. Because if just 1 number is wrong, the money can be transferred to another account.
In case you suddenly receive a large amount of money in your account but do not know the sender, you should absolutely not use the money for personal purposes. To avoid getting into trouble, you should only work with the bank to return the money to the loser. You should not transfer money back to strangers without verifying who they are and without a third party witness.
The recipient needs to proactively contact the bank to report receiving the wrong money transfer or wait for a bank representative to contact them to work.
If you receive a phone call from the bank, you need to check if it is the bank's phone number. To be more sure, the account holder should still go to the bank to work directly.
In case the mistakenly transferred amount is of small value, the account holder can request the bank to provide a statement, compare it with the information received, and proceed to retransfer.
For large amounts of money, account holders should arrange time to go directly to a bank branch to verify or even contact the police to resolve the matter.
Source: https://giadinh.suckhoedoisong.vn/chuyen-khoan-nham-11-ty-dong-nhung-chi-nhan-duoc-2-ty-dong-tra-lai-loi-do-ngan-hang-hay-nguoi-nhan-duoc-tien-172241203082345288.htm
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