AutoBeta(AutoBeta.net)09/27 Report--

On September 16, Tesla rights owner Han Chao said on Weibo that the Second Intermediate People's Court of Beijing City ruled that Tesla had sales fraud, rejected the appeal and upheld the original judgment, and refunded one compensation for three, totaling more than 1.51 million yuan. This is Tesla's first case of one refund and three losses in China, and Tesla's 755-day rights protection finally ended in defeat. However, although the case has been closed, the conflict between the two sides has not ended.

On September 28, Han Chao said on Weibo that Tesla recently sued himself for violating his reputation, demanding a public apology from Mr. Han and claiming 5.05 million yuan from Mr. Han. It is understood that the court has formally filed the lawsuit and will open on October 28.

According to Mr. Han's public indictment, the plaintiff is Tesla Motor (Beijing) Co., Ltd., Tesla (Shanghai) Co., Ltd., and the defendant is Han Chao, the owner. Tesla said in the lawsuit that Han Chao, the owner, has been making long-term defamatory and derogatory remarks about Tesla through Sina Weibo personal accounts since early 2020, including using "garbage,""rogue" and "rogue" to describe Tesla enterprises and their products, and his behavior has seriously infringed Tesla's corporate reputation. Tesla believes that Han Chao attributed all Tesla-related accidents to Tesla's product quality problems without confirming the relevant facts, and has long posted unverified and unsubstantiated statements through social platform accounts, and also used insulting words to defame Tesla. In addition, Tesla's long-standing reputation has been damaged by a series of online and offline actions to expand its infringing statements, resulting in negative public perceptions of Tesla.

Tesla has four claims: 1. Order the Defendant to immediately stop the infringing act and immediately delete all infringing content published on Sina Weibo platform and all comments and replies related to the infringing content;2. Order Han Chao to apologize to the two plaintiffs and eliminate the adverse effects on his personal micro blog within 30 days;3. Order Han Chao to compensate the second plaintiff for economic losses of RMB 5 million yuan; 4. Order the Defendant to bear the reasonable rights protection expenditure of RMB 50,000 Yuan for the Second Plaintiff, with a total claim of RMB 5.05 million Yuan.

For Tesla infringement of the right to reputation allegations, the owner Han Chao said, Tesla fraud has been established by the court judgment lost, this is already an established fact,"I said you are a rogue wrong?" "I'm not going to sell my car, am I?" "What's wrong with me saying that you're a hooligan? You lost in the first trial, lost in the second trial, and you're still cheating to the end. If this isn't a hooligan, what is it?" For Tesla's claim of more than 5 million yuan, the owner Han Chao said,"On this? Want more than 5 million? Money is crazy!" "Do you mean that although I cheated you, although I should compensate you more than one million yuan, although you are the victim, you cannot say that I am bad. As long as you say that I am bad, you will have to pay five to six million yuan!"

In addition, although the court has sentenced Tesla to one loss for three, there have been twists and turns in the implementation. On September 27, Han Chao said on Weibo that today should have been the deadline for returning compensation for fraud cases, but he did not get more than 1.51 million yuan of compensation, but because Tesla applied for property preservation, resulting in his property being frozen.

Han Chao said that in the follow-up process of the previous fraud case, a copy of his personal ID card, vehicle title certificate and driving license were delivered to Tesla personnel for subsequent transfer procedures. Tesla asked for his bank card number, which was thought to be used for refunding the car and compensation. However, Tesla directly asked the court for property preservation. So far, instead of receiving any money, Tesla has been seized by the court in his name, which directly leads to the impossibility of continuing the execution of the fraud judgment.

The owner said that when asked why the judge seized the vehicle, the judge's answer was that Tesla Legal said the vehicle had been transferred, but after a later judge verified that the vehicle had not been transferred and sealed up under its name, the court urgently lifted the seizure this morning after knowing the facts. The owner finally said, Tesla, you have successfully shattered my last trace of trust in you!

It is understood that, in addition to the above cases, there are still two civil lawsuits still in progress between the two sides, one is Tesla company sued the owner Han Chao claim scooter use and maintenance costs totaling more than 770,000 yuan, the other is the owner Han Chao sued Tesla company previously issued about "owner Han Chao participation, planning Shanghai auto show rights protection events" and other false statements, infringement of its reputation rights.

In response to what Han Chao said on Weibo, Weibo official authentication @ Tesla Legal Department responded below Sina Auto. In response to the second-hand car dispute case, Tesla's legal department said it would "apply for retrial according to law." In response to the scooter dispute case, Tesla's legal department said that Mr. Han had occupied two scooters for a long time and refused to return them, causing damage to the two cars. In order to ensure compensation, the company requested property preservation according to law. In response to the reputation case, Tesla's legal department said the case was under trial. We will also continue to pay attention to the progress of related cases between rights owners and Tesla.

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