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八旬老人投105万买基金亏30万,银行被一审判担责七成二审改判无责
21世纪经济报道·2025-06-05 00:27

Core Viewpoint - The case highlights the legal responsibilities of banks in selling financial products and the implications of customer risk assessment, ultimately ruling that the customer must bear the investment losses due to market fluctuations and the bank's fulfillment of its obligations [1][8][10]. Group 1: Case Background - In 2021, an elderly customer, Zhao, invested 1.05 million yuan in a fund product through a bank branch, which later incurred a loss of approximately 300,000 yuan [1][3]. - Zhao filed a lawsuit against the bank branch seeking compensation for the losses incurred from the investment [1][4]. Group 2: Court Proceedings - The first-instance court ruled that the bank should bear 70% of the losses, citing the bank's failure to fully meet its suitability obligations [2][4]. - The bank appealed, arguing that it had fulfilled its obligations and that Zhao's losses were not directly caused by the bank's actions [6][9]. Group 3: Risk Assessment and Customer Responsibility - The second-instance court found that the bank had adequately assessed Zhao's risk tolerance and that the investment product matched his risk profile [9][10]. - Zhao's claims regarding the inadequacy of the risk assessment process were not supported by sufficient evidence, leading the court to reject his arguments [7][9]. Group 4: Final Ruling - The second-instance court ruled that Zhao must bear the actual investment losses, emphasizing the principle of "buyer beware, seller diligent" [8][10]. - The court concluded that the losses were primarily due to normal market fluctuations rather than any misconduct by the bank [10].