Case Garden: In February 2024, Zhang Moumin accidentally lost her phone and reported it to the police. By retrieving company surveillance videos and conducting relevant investigations, it was ultimately confirmed that the phone was found by Liu Moukai. After contacting Liu Moukai, Zhang Moumin reached an agreement: Zhang Moumin will pay Liu Moukai a total of RMB 300 for the storage of the mobile phone, gratitude fees, etc. After receiving the phone, Zhang Moumin found that the cloud service account of the phone had been changed, and the phone had been forcibly restored to factory settings. All data had been deleted, and Liu Moukai refused to provide the changed account and verification code to restore normal use of the phone. To repair the data, Zhang spent 699 yuan trying to repair the phone, but was unsuccessful. Zhang Moumin then filed a lawsuit with the court, requesting Liu Moukai to return the 300 yuan fee already paid, compensate 699 yuan for the repair of the phone, and claim 9000 yuan for emotional distress. Judgment: After trial, the court found that the 300 yuan fee paid by Zhang Moumin to Liu Moukai was intended to reward the relevant expenses of the well intentioned finder for properly storing and returning the mobile phone. Due to Liu deliberately restoring the phone to factory settings, deleting original data, and changing the cloud service platform account to someone else, and refusing to provide the password and verification code when requested by Zhang, it indicates that Liu has the intention of misappropriating the phone and has not fulfilled his obligation to properly keep it. Therefore, Liu Moukai has no right to obtain the payment for the custody of the mobile phone from Zhang Moumin, and should return 300 yuan. Zhang Moumin's expenditure of 699 yuan for restoring mobile phone data and continuing to use the phone is reasonable and necessary, and should be compensated by the infringer Liu Moukai. In addition, the communication information and photo materials in the deleted materials are also important carriers of personal and family life experiences. Deleting them will bring inconvenience to their interpersonal communication and difficulty in recalling their past. Taking all factors into consideration, Liu Moukai is ordered to compensate Zhang Moumin with a compensation of 1000 yuan for mental damages. Statement: Article 314 of the Civil Code stipulates: "If a lost property is found, it shall be returned to the right holder. The finder shall promptly notify the right holder to collect it or hand it over to relevant departments such as public security." In addition, according to the Civil Code, the finder has the obligation to properly keep the lost property before it is handed over to the relevant departments, and before the lost property is collected by the relevant departments. If the lost property is damaged or lost due to intentional or gross negligence, corresponding civil liability shall be borne. At the same time, if the finder misappropriates the lost property, they have no right to request the cost of storing the lost property or to demand that the rights holder fulfill their obligations as promised. In addition, the Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Compensation Liability for Mental Damage in Civil Infringement stipulates that if a natural person or their close relatives file a lawsuit with the people's court requesting compensation for mental damage due to infringement of personal rights or specific objects with personal significance, the people's court shall accept it in accordance with the law. The specific compensation amount should be determined based on factors such as the degree of fault of the infringer and the consequences of the infringement. (New Society)
Edit:Wang Shu Ying Responsible editor:Li Jie
Source:guangming daily
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