Samsung mobile phone bombing final appeal  Uphold the judgment of the first instance

  On April 1, the plaintiff learned from Mr. Hui, the plaintiff of samsung mobile phone bombing, that the fraud case against samsung has been sentenced in the second instance. The intermediate people's court of guangzhou rejected the appeal made by Mr. Hui, maintaining the judgment of the first instance.

On November 23, 2018, samsung note7 Fried machine owner Mr. Hui v. samsung was sentenced in the first instance of guangzhou yuexiu district people's court, and it was determined that the defendant samsung China did not intentionally commit fraud. Mr. Hui appealed against the verdict.On September 25, 2016, the samsung note7 that the plaintiff just bought back to his husband suddenly burst into flames during normal charging and damaged an apple macBook pro 15-inch laptop. The note7 recall follows a number of incidents of spontaneous combustion around the world. But samsung said in a statement that because the legal channels version of the phone USES different suppliers of the battery, so the Chinese users do not replace, consumers rest assured to buy. Mr. Hui said he saw the announcement and chose to buy a samsung phone.After several unsuccessful negotiations with samsung, Mr. Hui chose to Sue samsung. During the trial, the plaintiff Mr. Hui submitted an inspection report on the burning cause of the mobile phone in the accident issued by China thiel laboratory. The inspection result showed: "no external heating traces were found in the sample. The heat damage of the sample was caused by the spontaneous combustion of the battery, and the battery started to burn at the lower right corner. Mr. Hui believed that samsung told consumers to rest assured to buy the battery even though it knew there was a problem with the battery, and there was a fraud. He demanded that samsung China compensate him three times for the purchase price.In the first instance, samsung held that legal channels Note7 phones used different batteries from overseas phones, and samsung did not cheat the plaintiff.

On November 23, 2018, the yuexiu court in guangzhou made a first trial judgment only supporting the plaintiff's claim for compensation for the burned laptop in the original price of Mr. Hui's claim. The court found that the defendant samsung China had no intention of fraud and did not support the plaintiff's claim.After judgment of first instance, answer a gentleman to defy, file appeal. On April 1, the reporter of beiqing daily learned from Mr. Hui that the case has now been decided in the second instance. Civil judgment according to the guangzhou intermediate people's court, the court believes that even if samsung Note7 in dealing with the Chinese mainland mobile phone battery quality problem in the process, more or less have some shortcomings, but there is no evidence on the surface of the intentionally hidden from the broad masses of customers, including the appellant product important information, infringes upon the lawful rights and interests of consumer behavior, does not meet the appellant argued to fraud law to see. In conclusion, the court dismissed the appeal and upheld the original judgment.Mr Hui told reporters that he would consider a second appeal.

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