As a Lawyer, You Sent the Judge In?
Chapter 141: Good guy, you bite back, right?
Chapter 141 Good guy, you’re going to bite me back, right?
He Dongsheng's case, it is no longer possible to continue handling the case through reconciliation or court mediation.
Both parties do not agree to settlement or mediation, and are prepared to litigate directly in court.
The Nandu Intermediate People's Court conducted final inquiries regarding the mediation between the two parties.
Ask both parties whether they want to litigate and whether mediation is required.
After learning that neither party would continue to accept mediation.
The court notified both parties to arrive on time during the court session.
The court's trial this time was the same as the Wangli Bank case.
The cases shall be tried together.
On the day of the court session, it was around 9:30 in the morning.
The court session is at 10 am.
In the waiting room of the court.
Li Xuezhen had a straight face and sat upright, silently thinking about whom to glare at for a while...
With a dull face and a hint of emptiness in his eyes, he sat straight next to Su Bai.
Su Bai noticed Li Xuezhen's expression and sighed secretly.
Xiao Li's expression...you can tell what he is thinking at a glance...
….
Li Xuezhen has gone further and further on this road.
.
….…
Two other waiting rooms.
They are Quan’an Insurance’s legal lawyers, Li Shuangjun, Gu Bin and prosecutor’s lawyer.
Safety insurance waiting room.
Gu Bin handed the compiled materials to Li Shuangjun.
“You will be the lead litigator in this court proceeding. I have prepared the relevant materials.”
“This material contains all the questions that may suddenly arise against Bai Jun Law Firm. I have just sorted them out.”
“Take a look at it and be mentally prepared.”
"Um!"
Li Shuangjun nodded, and after taking the materials handed over by Wang Bin, he browsed them roughly, felt confident, and put the materials together with other materials.
soon.
It’s approaching ten o’clock.
Relevant staff will notify all parties involved in the litigation to enter the court hearing.
After entering the court hearing.
Li Shuangjun and Gu Bin’s seats as sued parties are directly opposite Su Bai’s seat as litigant.
Li Shuangjun raised his head and glanced at Su Bai.
This gaze was caught by Li Xuezhen….
Li Xuezhen:? ? ?
What are you doing, staring at Lawyer Su...?
Okay, this trial is yours...
Li Xuezhen's eyes skillfully focused on Li Shuangjun.
While Li Shuangjun was sitting down and sorting out relevant materials, he always felt that something was not right, so he raised his head and looked to the opposite side.
After his eyes met Li Xuezhen:? ? ?
There is something wrong with this look!
No...Why does he always feel this weird?
The gaze on Li Xuezhen.
Li Shuangjun didn't pay much attention to it, avoided the gaze, and continued to look at his materials.
At this time, the clerk is reading out the court discipline and court-related matters.
"one:.….."
"two:.….."
"three:.….."
"Four:.….."
.
….….
The clerk finished the announcement and then spoke: "The court discipline has been read out. Everyone stands up. Now please invite the presiding judge and judges to enter!"
.
All relevant personnel at the court hearing stand up.
The presiding judge and two judges enter the court.
Presiding judge Du Linmu stood in front of the court, glanced at the courtroom scene, and spoke to the microphone in front of the presiding judge's seat: "Please sit down."
The voice fell.
.
All relevant personnel at the trial scene returned to their seats.
The judgment seat, the seat of the presiding judge.
Du Linmu banged the gavel.
“The court is now in session!”
Dong dong dong!
With the fall of the gavel.
The court hearing was officially opened.
Du Linmu followed the materials in front of him and spoke: "Now that the trial has begun, let's invite all parties to the lawsuit to state their identity information."
“Now please state the identity information of the litigants.”
“A good judge.”
Su Bai looked at the presiding judge's seat and nodded slightly.
For this court hearing, Su Bai had already learned the information about the members of the collegial panel in advance.
However, Su Bai did not take the initiative to learn this information.
It was Li Xuezhen who took the initiative to tell him after learning about it.
Purpose.
Of course it is to achieve great success and perfection.
It's just that Li Xuezhen was a little disappointed with the information this time. There was no problem with the members of the collegial panel.
The explanation that there is no problem is that the members of the collegial panel this time have not made any major mistakes in previous judgments, and the judgments generally made are reasonable.
Neither the parties to the lawsuit could find any major problems.
It can be said that as a presiding judge, Du Linmu's level is relatively high.
ˆ It can also be seen from this point that the Nandu Intermediate People's Court relatively attaches great importance to the trial of this case.
“Presiding judge, our court members, Nandu Baijun Law Firm, Su Bai, assistant lawyer, Li Xuezhen, the party to the appeal, He Dongsheng.”
After Su Bai finished his statement.
Du Linmu began to ask other people for their identity information.
“Identity information of the party being sued.”
Li Shuangjun said: "Li Shuangjun, Gu Bin, Security Insurance Legal Affairs."
“Prosecutor’s identification information.”
“Prosecutor Hu Bing.”
咚咚!
After verifying the information of the persons appearing in court, Du Linmu spoke at the presiding judge’s seat and stated:
“This case was heard by the Nandu Intermediate People’s Court, with a collegial panel composed of presiding judge Du Linmu, judge Zhang Huan, and judge Li Chengxiu.”
“According to the provisions of the Procedural Law, if the parties to the litigation have any questions about the trial personnel of this case and believe that the conditions of the principle of avoidance are met, they can apply for recusal. Do the parties to the litigation have any objections to the members of the collegial panel and apply for recusal?”
Su Bai: “No objection, no application.”
Li Shuangjun: “No objection, no application.”
Prosecutor Hu Bing: “No objection, no application.”
咚咚!
After the parties to the lawsuit finished answering, the presiding judge Du Linmu banged the gavel:
“The parties to the lawsuit have no objections to the members of the collegial panel and will now begin to announce the cause of action.”
“Cause of this case: The litigant believed that the first-instance judgment of his party was maliciously accused by Quan’an Insurance Company and maliciously guided the filing of the case. The second-instance application was made to revoke the first-instance judgment and sued Quan’an Insurance Company’s legal affairs for malicious prosecution.”
“Also, require Quan’an Insurance Company to compensate the corresponding insurance amount.”
“Is the reason for the lawsuit true?”
While the presiding judge was questioning, Li Shuangjun and Gu Bin, sitting at the defendant's seat, frowned slightly as they listened to each other's case. This reason for the case completely shifts the responsibility to their safety insurance company.
However, as old French stickmen, they have fought a lot of lawsuits and seen a lot of causes of action.
Although the other party in this case shifted all the responsibility to their safety insurance, they still need to win the case.
If you can't win the lawsuit, then everything else is nonsense.
So the two of them just frowned slightly and didn't take the other side's case too seriously.
On the other side, when the presiding judge asked, Su Bai nodded.
“Presiding judge, the case is true.”
咚咚!
“The cause of the case is true. Now, please state the litigation application, factual basis, and legal basis.”
“Invite the litigants to begin their presentation.”
After Du Linmu sorted out the materials in front of him, he looked at the litigant's seat.
Su Bai nodded slightly and took a look at his lawsuit materials.
“A good judge.”
“Our litigation application is as follows:”
“First, we believe that the first-instance judgment is seriously inconsistent with the facts, and we have no intention of cheating on bail. We apply to revoke the first-instance judgment and acquit us.”
"Second, in response to Quan'an Insurance Company's accusation against our client He Dongsheng, we believe that there is a subjective intention to accuse Quan'an Insurance Company of malicious intent. We apply to Quan'an Insurance Company to publicly apologize and compensate us and pursue Quan'an's liability. Liability for malicious prosecution in relation to insurance companies.”
"Third, we purchased insurance and the claim was made in accordance with the specifications of the contract. It is a legitimate claim. Our claim is within the scope of the contract. We require the other party to compensate us 958,674.52 yuan in accordance with the insurance litigation compensation contract."
“Fourth, because the other party’s malicious accusation against us has caused great damage to our mental loss, we require the other party to compensate us for our mental loss of 46,852.47 yuan.”
“Fifth, we require the other party to pay our litigation costs and attorney’s fees.”
“Presiding judge, we have finished our statement.”
During Su Bai's statement, Li Shuangjun and Gu Bin were sorting out the contents of Su Bai's statement.
After Su Bai made his statement, the two looked at each other and frowned in unison.
The other party’s litigation application.…
The most important thing is the first one, but also the second one.
Especially Article 2.…
.
You know, Quan'an Insurance is now raising plans to go public.
Now is a critical moment for listing.
If this case fails and a public statement is issued, then let alone raising funds for an IPO, it may go directly from the IPO to the brink of bankruptcy.
What is the most important thing for an insurance company?
Reputation!
Although in the perception of many people, insurance means that it does not cover this or that.
But in fact, insurance plays a big role, and there are many people buying insurance.
The main concern is the credibility of the insurance company.
If Quan'an Insurance really loses the lawsuit and publicly apologizes, the damage to the company's reputation will plummet.
Other companies will not give you a chance to breathe, and will directly eat up your market share.
This is why Wang Haiyang has always emphasized that if you can mediate in court, mediate, and if you can mediate privately, mediate privately.
Because they cannot bear the consequences of losing the case and are not willing to take the risk of losing the case if they can settle the case.
“This lawsuit is the same as what we thought before... This lawsuit is not easy to handle.”
“You have to deal with it hard even if it’s not easy to deal with. You have to win...Besides, the other party has not produced any substantive evidence so far. It is just an accusation. It does not have much impact..."
After Li Zhangjun finished speaking, Gu Bin nodded slowly: "Yes!"
At the trial bench, the presiding judge Du Linmu banged the gavel.
咚咚!
“The litigants have finished their presentations and now the prosecutors are invited to start their presentations.”
咚咚!
After hearing what the presiding judge said, Hu Bing sorted out the litigation materials he had prepared and placed them in front of him.
As a prosecutor, he also went through certain research on the merger of this case.
As a neutral prosecutor, his judgment on this case is that He Dongsheng is suspected of cheating on bail, and it can be determined that He Dongsheng cheated on bail through supporting evidence and other objective facts.
However, if the court of second instance accepted the case, it means that there is key evidence to prove that He Dongsheng did not commit insurance fraud.
However, further certification is required.
In response to the presiding judge’s question, Hu Bing began to state:
“The prosecutor believes that He Dongsheng is suspected of bail fraud, and the objective facts are established.”
“Unless the other party has key evidence to show that He Dongsheng does not have the basis for insurance fraud.”
“That is, when there is no key evidence to show that He Dongsheng did not commit insurance fraud, the prosecutor believes that the prosecution’s application for innocence should be rejected.”
咚咚!
“The prosecution has finished its statement, now the party being sued is invited to make a statement.”
The party being sued is also the safety insurance party.
After hearing what the presiding judge said, Li Quanjun looked at the presiding judge's seat.
Direct statement:
“Presiding judge, we believe that the accusations made by the litigant against our company, Quan’an Insurance Company, are completely baseless accusations.”
"He Dongsheng defrauded the insurance company. This is based on facts. We have no malicious accusation at all."
“And in the entire process from case filing to execution to judgment, all parties determined that He Dongsheng had committed insurance fraud. This was not something that our safety insurance company could control and achieve. It was actually the factual basis that He Dongsheng had committed insurance fraud. That’s why he was prosecuted.”
“In this case, how did the litigant decide that we were making a malicious accusation?”
“This is completely slanderous and has seriously damaged our reputation. We apply to the collegial bench to reject the litigant’s application and require the other party to apologize for the damage to our reputation.”
“Presiding judge, we have finished our statement.”
Li Shuangjun finished speaking.
Su Bai:? ? ? ?
Good guy, I am appealing and suing you here, but you are counter-suing me over there for causing damage to your reputation?
How shameless?
Are you really not sure whether there is a malicious accusation?
Or do you mean that you cannot admit to malicious accusations?
An old baguette, right?
Signing a backhand accusation against someone for reputational damage will cause serious damage, right?
Tsk tsk.…
As expected of an old French stick, this method of counter-accusation is really powerful.
at the same time.
After Li Shuangjun finished stating the lawsuit application, he looked specifically in Su Bai's direction.
The meaning of his lawsuit application is already obvious.
If you can produce evidence that our safety insurance company maliciously accuses you, then I will plead with you.
If I win, I will sue you for maliciously infringing on our reputation through litigation...
If you lose...lose?
As a legal lawyer of Quan'an Insurance, Li Shuangjun has fought so many insurance cases, and his winning rate can be said to be very high.
He has basically never lost when the other party has no absolute evidence.
Especially in such a complex insurance case, it is even more impossible to lose!
Li Shuangjun deliberately glanced at the litigant's seat.
He noticed that Su Bai was looking at him with a smile.
Li Shuangjun:? ? ?
Su Bai: Why do you think you can win?
PS: Please give me a monthly ticket~
(End of this chapter)
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