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八旬老人105万买基金亏30万,一审判平安银行担责70%!二审为何改判?

Core Viewpoint - The case revolves around an elderly investor, Zhao, who purchased a fund for 1.05 million yuan and incurred a loss of approximately 300,000 yuan, leading to a legal dispute with the bank regarding liability for the losses [1][2]. Group 1: Case Background - In January 2021, Zhao purchased the "Bosera Growth Navigation Mixed A" fund through the bank's app, spending a total of 1.05 million yuan [2][3]. - By April 2023, Zhao redeemed the fund for about 750,300 yuan, resulting in a loss of approximately 299,700 yuan [3]. Group 2: Court Proceedings - The first-instance court ruled that the bank should bear 70% of the losses, citing the bank's failure to fulfill its duty of suitability in advising Zhao about the fund's risks [4]. - The second-instance court overturned the first ruling, stating that Zhao must bear the full investment loss, emphasizing that the bank had fulfilled its obligations [9][10]. Group 3: Risk Assessment and Suitability - The bank argued that Zhao had undergone multiple risk assessments, which indicated a capacity to invest in medium-risk products, and thus the investment was appropriate [8]. - Zhao contended that due to his age and limited understanding of technology, he relied on bank staff for the investment process, questioning the validity of the risk assessments [6]. Group 4: Fund Performance - The fund in question, "Bosera Growth Navigation Mixed A," has a current scale of 3.269 billion yuan, with a net value of 0.6960 as of May 30, 2023, reflecting a one-year gain of 7.86% but a cumulative loss of 30.4% since inception [10].