The name-based brand of the price of more than a thousand yuan is fried to tens of thousands of yuan. If such a shoe is cleaned by the shoe store, how to compensate, how will the court recognize?
On April 22nd, Hangzhou Xiaoshan District People’s Court tried and pronounced a service contract dispute caused by improper washing, and a shoe shine washed and replaced and replaced non-original upper. The value of the ball is basically damaged, and the hospital has tried that the shoe store compensated 21,900 yuan.
A famous brand of shoes involved. Image Source: Xiaoshan Court
At the end of July, the plaintiff Xiaowei (pseudonym) bought a pair of two-year-old Chicago white-black red limited edition shoes in Hangzhou, the purchase price of 36,500. On October 2, the same year, he sent the shoes to the defendant Daxai’s shoe store, charged 35 yuan. Three days later, Xiao Wei took the shoes and found that two uppers were damaged differently. Among them, the upper right shoes have been replaced by large Liu (pseudonym). Xiao Wei demanded that Daxia was rejected by the purchase price. On February 24 this year, Xiaowei will Da Liu to Xiaoshan Court.
The plaintiff Xiaowei believes that Da Liu is engaged in the shoe store for many years, and it should understand the value of the two-shot in the industry. After Xiao Wei’s own purchase, only a few times, the newness is higher.
The defendant Daxai said that although Xiaowei provided the bill showed that his purchase price was 36,500, but the factory price of the double-shield was 1880 yuan, the factory time was 2010, Xiaowei purchased time The virtual high is caused by the market and \”shoes\”; he has no objection to the fact that the shoes damaged, willing to repair the upper, according to the factory price 1880 yuan to compensate, and pay another 1000 yuan.
The court is considered that the value of the ball should not be identified according to the factory price, and its actual value should include appreciation space value, and the appreciation space occupies the main part. After the defendant Daxai wash the shoes, they were repaired and replaced with non-original upper, led to the basic loss of the balloon value. Combining the depreciation rate of the ball shoes, actual use time, shoes residual value, etc., on the basis of balance the interests of the two sides, 60% of the bulls purchase price is 21,900, which is a plaintiff loss, and to order the large Liu Limited payment.
\”The key and difficulties of the trial of the case are the identification of the actual losses of the plaintiff, so the material of the relevant shopping invoices, receipts, etc. It is also important to serve the service provider, and it is also necessary to relevant items in the transaction. Features confirm and provide the corresponding services based on their characteristics. \”The relevant judges who tried the case told reporters.
(Source: 湃 News)