Mr. Dong's car accident
Mr. Dong was driven by his mercedes vehicle to the road block, where he sustained a little “minor injury” and when he was sent for repair, the 4s store performed “a major overhaul” of his vehicle — a total replacement of the front bridge and the frame — at a cost of over 400,000. At the same time, mr. Tung's car could not be checked on a yearly basis and millions of mercedes were set up because the 4s shop had engraved car numbers during maintenance. This was reported in the news。
Mr. Dong brought before a court the 4s superstar (beijing) automobile ltd. The court of the tonzhou district court of beijing found that the replacement of the vehicles without the need to replace the previous bridge and frame by li sing company, and the engraving of the shelf number on its own, constituted a fraud. It ruled that li sing had returned the original frame to mr. Tung's vehicle and awarded mr. Tung more than $860,000 for three times the cost of maintenance。
Mr. Dong indicated that both parties were currently filing appeals and that the case was in the second instance。
I fixed 400,000
As previously reported, in 2011, mr. Dong spent $1. 698 million on an imported mercedes g500 land cruiser. On 5 september 2017, as he was travelling on happy street in the eastern part of beijing city, he strung to the isolation pillar. Mr. Dong sent the car to li's house for maintenance. On 21 november of the same year, mr. Dong received a text message from the chinese under warranty stating that his mercedes accident had a flat amount of over $4. 18 million。
Mr. Dong stated that he had taken the car and found that the “minor injury” mercedes had undergone major repairs, replaced the former bridge and the frame, and renumbered the car. And there's a private number on the original frame, "it's the li's gang that tries to practice on it."。
On 14 march 2018, mr. Dong was beaten “x” in the first item of the identification project, the vehicle identification code, when he was driving his mercedes. Checkers note that the frame number fonts, character spacing features, etc., do not correspond to the mercedes brand number. Mr. Dong's mercedes car could not pass the annual inspection, nor could he travel, and had to park at home。
Subsequently, mr. Dong sued li sing in court, claiming compensation of more than $870,000 for the cost of repairing the company, compensation of $51,000 for the loss of the vehicle during its stopover, and demands that li sing carry the original frame back to the vehicle。
Mr. Dong has been replaced with the original frame
Benz's self-certification needs to change the front bridge
At first instance, the tonzhou district court of beijing found that there was a contractual relationship between mr. Tung and li sing, and that after the repair of the contested vehicle was completed, the insurance company had agreed to pay more than $410,000 to li sing on the basis of its insurance contract with mr. Tung. The controversy in the present case has focused on whether mr. Tung was fraudulently represented by lisung, inc., in contesting the replacement of the front bridge and the frame of the vehicle。
The court found that mr. Tung had reported the incident of 5 september 2017 against the vehicle to the insurance company, which had not visited the site of the incident and subsequently towed the vehicle to lisung company for maintenance。
The tunzhou court also found that, with regard to the replacement of the front bridge, lisung submitted a record of mr. Tung's complaint from the benz china company, in which the first complaint filed by dong xiaomong on 26 may 2018 stated that mr. Tung had been informed by lisung of the need to replace the front bridge during maintenance, and that bensun had submitted the record of the complaint to prove that mr. Tung was aware of the need to replace the front bridge。
In this respect, the court held that the complaint record was, first, a record of the benz china company itself, that mr. Dong was not satisfied with the content of the complaint record, that it had not submitted other evidence, such as the voice record of the complaint, to support it, which could not prove that the benz china company's record was mr. Dong's true meaning; and that, even if the record was true, the fact that mr. Dong was informed of the need to replace the front bridge in the course of the vehicle's maintenance did not support the fact that lisung informed mr. Dong before the vehicle was repaired。
Mr. Dong's car had to be stopped at home after being repaired by the lisung company. Source: mr. Dong
First-instance judgement “replaces”
According to news reports, the company is the same owner and the legal representative of both houses is kenshin, a company that is involved in the “governance of the engine in the xi'an benz girl car”。
The tunzhou court held that lisung company had failed to submit evidence that it had informed mr. Dong of the need to change the shelf and the front bridge prior to maintenance. Furthermore, according to a forensic opinion issued by the institute of road science studies of the ministry of transport and communications, the total length of the repairs and the previous bridge were parts of an unreasonable replacement, and according to the statement of the expert, the total length and the former bridge of the contested vehicle need not be replaced。
The court also found that mr. Dong had spent nearly $280,000 on the replacement of spare parts for the pre-benz bridge and the frame, accounting for 70 per cent of the total cost of replacement of the vehicle's spare parts, and that the replacement of the frame was an important part of the vehicle. The replacement of the vehicle's shelf did have an impact on the price of the re-sale of the vehicle. Lisung company had replaced the front bridge and frame without informing mr. Tung, and had, knowing that it was illegal, engraved the shelf of the new car in an undisclosed manner。
The court held that lisung company should pay three times the cost of repairing mr. Dong's former bridge and frame, accounting for more than $860,000 by the court。
On 10 december 2019, the tunzhou court decided to compensate mr. Dong for the loss of $860,000 and to reload the original frame to mr. Dong's vehicle within seven days of the effective date of the judgement. (reporter tan)
