13/07/2022 09:28

05 judgments on property custody contract disputes in Vietnam

05 judgments on property custody contract disputes in Vietnam

Currently, the relationship of depositing property is a common relationship, often encountered in social life such as parking for cars, storing vegetables, crops, money... This deposit will is entered into a contract of deposit, whereby, the bailee receives the property of the sender for preservation and returns the same property to the sender at the end of the contract term, and the depositor must pay wages to the depositor, except in the case of an agreement not to pay wages.

1. Judgment 17/2019/DS-ST dated January 25, 2019 on the dispute over the property custody contract

+ Level of trial: First instance

+ Judicial body: People's Court of District 10, Ho Chi Minh City

+ Summary: On May 17, 2013, Mr. Pham Hoang V came to drink coffee at Gia L cafe and sent SH motorbikes to employees of Gia L Company to keep and parking card number 020. After drinking coffee, Mr. V took his car and discovered it was missing. Gia L Company admitted responsibility for the loss of the car and committed to compensating Mr. V 90,000,000 VND. However, Gia L Company did not make compensation. Mr. V sued to ask Gia L Company to compensate him for the remaining value of the lost car which is 130,000,000 VND.

2. Judgment 12/2021/DS-PT dated December 29, 2020 on the dispute over the property depository contract

+ Judgment level: Appellate

+ Judicial body: People's Court of Bac Ninh province

+ Summary: In September 2018, Mr. Duong Viet C bought seed potatoes from the L village cooperative. After planting and harvesting, he brought 284kg of seed potatoes to the cold storage of Mr. Nguyen Kim T's house for the price of 2,400. VND/kg. On September 20, 2019, Mr. C went to Mr. T's warehouse to get seed potatoes to plant and pay the fee to send to Mr. T. Mr. C discovered that all of his potatoes were damaged, and the potatoes were hard and black inside can be planted. He told Mr. T but Mr. T did not resolve. Mr. T sued Mr. T and Mrs. D to compensate him for 284kg of damaged potato seeds at the price he bought at VND 4,544,000 and a cold storage fee of VND 616,000.

3. Judgment 73/2021/DS-PT dated June 17, 2021 on the dispute over property depository contract

+ Judgment level: Appellate

+ Judicial body: People's Court of An Giang province

+ Summary: On March 27, 2020, Mr. Nguyen Van D went to the field and sent Ms. Nguyen Thi X an amount of VND 50,000,000. At about 10:20 a.m. on the same day, District C police arrested a gathering of cockfighting and gambling at Mrs. X's house. Mr. D asked Mrs. X to get back the amount of VND 50,000,000, and Ms. X said that the police had come in to catch her. Her wealth fainted so she didn't know who took it. Mr. D filed a lawsuit asking Ms. X to return him the amount of VND 50,000,000 and did not ask for anything else.

4. Judgment 391/2020/DS-PT dated 25/05/2020 on the dispute over the property custody contract

+ Judgment level: Appellate

+ Judicial body: Ho Chi Minh City People's Court

+ Summary: On January 7, 2017, Mr. Hoang Tran P borrowed a Yamaha Exciter motorcycle from Mr. Vu Duc T1 to an Internet shop owned by NT Information Technology Co., Ltd. to play games. Mr. P sent the car to the parking attendant of the Internet shop, Mr. N1, and received the parking ticket number 0073967. Around 3:30 p.m. on the same day, he left to give the car card to the security guard to take the car. At this time, it was not Mr. N1, but another security guard, but the car was not found. Unable to solve the problem, Mr. P filed a lawsuit to request NT Company to compensate for the value of the lost car in the amount of VND 40,000,000 and refund him the cost of asset valuation of VND 1,500,000.

5. Judgment 11/2020/KDTM-PT dated September 24, 2020 on the dispute over the contract of storing coffee and borrowing money

+ Judgment level: Appellate

+ Judicial body: People's Court of Dak Lak province

+ Summary: Mr and Mrs. S, Mrs. M and Mr. H have a coffee trading relationship with Coffee Company B by the following method: The company lends money to Mr. S, Mrs. M and Mr. H to buy coffee. After borrowing money, Mr. S, Mrs. M and Mr. H have to buy coffee and import it into the Company's warehouse. When the coffee price is guaranteed to be profitable, the parties will agree to fix the coffee price. Mr. S, Mrs. M and Mr. H entered the warehouse and sent 12 coupons to the Company with the quantity of 142,460.7 kg of green coffee beans. In 2006, Mr. S and his wife decided to sell the above coffee to the Company, but the Company reported that the amount of coffee deposited at the Company had been fixed at a price to pay the Company's debt to just over 3 tons. S and his wife sued to ask the Company to pay them the amount of green coffee in a bucket, and they agreed to pay the Company the borrowed amount of VND 1,132,000,000 with interest.

Xuan Hien

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