At court, Sacombank asked the court to reject all requests of Ms. Duong and her husband because they believed that the 12 documents for withdrawing 46.9 billion VND all had Ms. Duong’s signature.
In addition, Sacombank said that the 20 billion VND transferred to Ms. Duong’s account was a temporary payment according to the request of this female customer.
“At the meetings, Ms. Duong stated that due to business difficulties, waiting for the investigation agency’s conclusions would take a long time, so she asked the bank to return the money. The bank agreed to temporarily pay 20 billion to resolve the difficulties, and at the same time keep the two land use right certificates of Ms. Duong and her husband.” – Sacombank representative said.
After reviewing the plaintiff’s presentation, relevant documents and evidence in the case file, the Trial Panel agrees with the plaintiff’s opinions.
According to the People’s Court, Ms. Duong did not withdraw cash or transfer the amount of 46.9 billion VND in 12 transactions. Of these, there were 2 cash transactions during the time Ms. Duong was not present in Khanh Hoa (with confirmation from Ms. Duong’s travel company that she was in Phu Quoc). Thus, there is no basis to determine that Ms. Duong made this transaction.
In addition, Ms. Duong did not authorize or authorize in writing another person to withdraw or transfer the amount of 46.9 billion VND. There were many errors in these transactions such as: transferring money outside of the prescribed hours, transferring an amount exceeding the limit, etc.
“With these errors, the bank must take responsibility for the errors, being taken advantage of to defraud and appropriate customers’ assets due to its own fault.“, the jury concluded.
After more than 1 day of trial, the court declared that Sacombank must be responsible for paying the amount of 46.9 billion VND to customers and accrued interest.
Accordingly, the bank has temporarily paid Ms. Duong 20 billion VND out of the total amount of 46.9 billion VND, so the bank must give Ms. Duong the remaining amount of 26.9 billion VND and the interest according to regulations.
In addition, the court also ordered Sacombank to return the land use certificate it had kept from Ms. Duong.
INTELLIGENT INTELLIGENT
