Recently, a LV counter in Changsha was judged by the court to sell fake goods, and the matter of “one refund and three compensation” for consumers was hotly discussed by the majority of netizens. Although LV officials compensated consumers, they “firmly denied the plaintiff’s allegations, applied for retrial and appealed to correct the original judgment”.
A netizen said, “I’ll take it to verify in two days.” “What I buy is not a box. Is it fake?” Another netizen said: “I can’t understand it. I contacted the second-hand store for identification. If I don’t win these days, or I have to pay for the original free identification.”
Did netizens only have mouth addiction on the Internet, or did they really do identification? On the afternoon of May 21, the reporter of Xiaoxiang Morning Post came to a second-hand luxury goods trading store located in minghuida business building, Furong district, Changsha. Staff member Ms. Zhang said that in the past two days, many customers have indeed conducted online appraisal and consultation. “Compared with the past, there are more people these days, so I can’t get points.”
Ms. Zhang said that the store provides two identification methods, one is the identification of the store appraiser, and the other is the inspection and identification. “We are a partner of China Inspection and Certification Group Hunan Co., Ltd. (hereinafter referred to as” China Inspection and certification Hunan company “), and the store appraisers also have the relevant certificates issued by them.”
If the store appraiser is selected for appraisal, the appraisal result will be faster than the inspection appraisal, but the appraisal report will not be issued and will not participate in relevant disputes. “After the customer delivers the products, the professionals in the store will take photos of the corresponding ‘monitoring points’ and send them to the company headquarters, and then multiple appraisers will conduct cross appraisal based on professional quality and experience. If the customer has any objection to the appraisal results of the store, we will advise the customer to choose to submit the products for inspection and appraisal, and send the products to be appraised to China National Inspection Hunan company for appraisal.” Reporter Wang Yinqi
lawyer’s statement
lv is not easy to pass the retrial
On May 20, in response to the “Changsha LV counter fake sales event”, Louis Vuitton’s Public Relations Department responded to Xiaoxiang Morning Post that the products sold by Louis Vuitton’s global direct stores are authentic.
According to Louis Vuitton’s statement, Louis Vuitton fully respects the Chinese courts and has taken the initiative to implement the effective judgment. However, Louis Vuitton never recognized in the lawsuit that the plaintiff sold the bags requiring a refund nine months later.
LV has fulfilled the court judgment, why can it apply for retrial? Previously, LV failed to provide evidence, which led to the loss of the lawsuit. What conditions should be met for the retrial to obtain the support of the court?
focus 1 why can I apply for retrial after fulfilling the judgment
The reporter of Xiaoxiang Morning Post learned that according to Article 199 of the Civil Procedure Law of the people’s Republic of China: if a party believes that a legally effective judgment or ruling is wrong, he may apply to the people’s court at the next higher level for retrial; If there are a large number of parties or both parties are citizens, they may also apply to the people’s court that originally tried the case for retrial. If a party applies for retrial, the execution of the judgment or order shall not be suspended.
Lawyer Ge Shuchun, a member of the China law society, told Xiaoxiang Morning Post that first of all, if LV fails to perform the judgment, it may be enforced by the court according to law, so he believes that LV has performed the judgment of the court in a passive situation.
If LV does not recognize that the bag is a fake in the procedure of first instance and second instance, it is only to fulfill the judgment of the court, which does not constitute “self admission” in the civil procedure law. Therefore, it is reasonable for LV, as the losing party, to apply for retrial, and LV also has the right to apply for retrial in accordance with the provisions of China’s civil procedure law and relevant judicial interpretations. “In practice, many parties who have lost the first and second instance will also apply for retrial while executing the effective judgment of the court, which is not contradictory.”
what conditions should be met for the second retrial of focus to be supported by the court
Ge Shuchun introduced that if LV applies for retrial according to law, there must be new evidence according to the provisions of China’s civil procedure law and relevant judicial interpretations.
Specific to this case, if LV applies for retrial and wants the support of the retrial court, it must have new evidence to prove that the handbag involved in the case is not a fake. The core question is whether the bag sent by Ms. Luo and her boyfriend to the identification agency is the bag originally purchased in Lv. If LV has enough evidence to prove that the bags identified as fake were not purchased by Ms. Luo and her boyfriend in LV, the case is likely to be decided for retrial. Otherwise, Lv’s application for retrial will be rejected.
Yi Xu, a lawyer of Hunan Jinzhou law firm, also believes that if LV wants to overturn the previous judgment in the retrial of the court, the most important thing is that the LV counter of Changsha Guojin center needs to prove that the fake bag is not the bag purchased by the customer on the same day. For example, the article number of the package sold at the counter is inconsistent with that of the fake package.
At the same time, the civil procedure law stipulates 13 situations in which the court should retrial. The first three situations are: there is new evidence enough to overturn the original judgment and ruling; The basic facts identified in the original judgment or ruling are lack of evidence; The main evidence used in the original judgment and ruling to determine the facts is forged.
The reporter noted that in the public judgment, when the woman sued the LV counter of Guojin center, she submitted the relevant evidence that the handbag test result was false. Although the defendant denied the sale of fake goods, it always did not provide relevant evidence. Therefore, the court found that there was fraud in the sale of fake goods because it could not provide evidence, so it decided to refund one for three. And there is no content in the judgment document that the defendant questioned the procedural violation of the court trial.
Many lawyers believe that it is not easy for Louis Vuitton to provide decisive new evidence. If there is sufficient evidence to prove its innocence, it can be provided in the previous trial stage. It is not necessary to wait until the judgment is performed and the judgment document is exposed by the media and aroused widespread public attention before declaring to file an application for retrial.
