As a Lawyer, You Sent the Judge In?

Chapter 155 Three consecutive questions! Why is your bank so irresponsible? ! (Exciting)

 For Su Bai, what is the key point of this lawsuit?

 The most critical point is the bank!

 Banks must be jointly and severally liable for unfinished buildings!

Nanjian Real Estate Co., Ltd. has no money?

no problem!

 You don’t have any money, then I’ll let the bank take responsibility...?

You can’t tell the bank that you have no money, right?

 How can I open a bank if I don’t have money?

Besides, if you really don’t pay for it, that’s fine. Then my previous loan still has interest, late fees, and handling fees.

I won’t pay it back, is that okay? !

 As for what to do about the boss of Nanjian Real Estate...it's easy to handle...

 Pay back the money, forget it.

 If you don’t return it, go in.

 According to the provisions of the criminal law, it should be less than five years...

 The specific sentencing, Su Bai estimated, is about three years.

　　　　　　….

These guys just want to make home buyers take responsibility, why?

 They should also assume their due responsibilities, instead of letting home buyers’ hard-earned money go to waste and leaving vulnerable groups like home buyers to bear the responsibility.

 Otherwise, why would the law stipulate so many regulatory treaties?

 The purpose of the law is to protect the weak and the victimized.

.

 ….….

 Finish the lawsuit application in Su Bai.

 There were no changes at the court hearing... People watching the live broadcast outside the court were very nervous.

 Especially Wang Wu.

 As the head of Nandu Bank, he does not want to see any problems arise in this trial.

after all.….

 There is a problem, and he, the person in charge of Nandu Bank...can't escape!

 Also...

It will cause irreparable losses to Nandu Bank! .

 ….….

 At the court hearing.

On the bench seat, Zhu He glanced at the materials, then raised his head slightly and glanced at Su Bai.

 As the presiding judge of the Supreme Court, Zhu He has a certain understanding of this case.

  And I decided from my heart that this case is a typical complex case.

 Because this case involves an issue.

That is whether the fault of the third party, the bank, is a major fault, and whether the loan is indispensably related to the failure of the real estate developer.

 From the perspective of the final appeal of the entire case, this is the key point of this case.

 Once you have a clear understanding of the case, the next question depends on the pleadings of both parties at the trial.

 Dong dong dong!

 The gavel struck.

“The plaintiff’s attorney has completed his presentation…”

“Now I would like to invite the defendant, the litigation attorney of Nanjian Real Estate Co., Ltd., to speak.”

 “A good judge.”

Wang Jiangyang, as a lawyer in real estate disputes, has helped Ye Zhenghuan fight many cases.

in.

 The winning rate is very high.

 Under normal circumstances, if there are no major problems, you can win the case.

 In this court hearing...the other party made it clear that they wanted to take advantage of the bank's illegal operations and hold the bank accountable.

 The lawsuit against Nanjian Real Estate requires compensation for losses... According to the requirements in the contract, there is nothing wrong with it.

 It makes no sense to rebut from this aspect and let the other party's lawsuit application be dismissed, and this situation will certainly not be supported by law.

even.….

Nanjian Real Estate Co., Ltd. did not notify its creditors, which is not a problem at all.

 Because Nanjian Real Estate Co., Ltd. did not notify creditors.

 In fact, Wang Jiangyang knew what the other party was thinking.

That is to accuse Nanjian Real Estate of malicious debt evasion.

 This is the most critical question.

 There is also the issue of the amount of compensation.

However, Su Bai obviously calculated the amount of compensation.

 There is no big objection.

“If you want to plead and rebut, you only need to refute the point of malicious evasion of debt.”

Wang Jiangyang thought silently in his heart,

 After determining the main contradiction of the plea, look at the court seat.

 “Presiding Judge.”

“We refute the plaintiff’s accusation that we maliciously evade debts.”

“In the legal definition, malicious corporate debt evasion refers to the company’s shareholders, actual controllers, or other managers, etc., in order to obtain improper benefits.”

“Using its control, management, or business operations, abusing the company’s legal personality and fixed limited liability, maliciously transferring and utilizing the company’s property, maliciously dissolving and canceling the company, maliciously going bankrupt and other illegal means to circumvent the law and evade debts.”

“Behavior that harms the interests of the company and creditors and prevents creditors from realizing their rights through legal channels.”

“According to our bankruptcy procedure, our bankruptcy process is formal and there are no problems...”

“We apply to dismiss the other party’s accusation that we maliciously evade debts…”

“Presiding judge, the lawsuit application of Nanjian Real Estate Company has been stated.”

"Um!"

“In addition to the issue of malicious debt evasion against Nanjian Real Estate Company, do you have any objections to other litigation claims?”

“Presiding judge, we have no objection to the plaintiff’s other claims.”

"good."

Zhu He nodded slightly, then looked at Nandu Bank: "Now please let the agent of the defendant Nandu Bank make a statement."

Xu Zhiqiang took a deep breath when he heard the presiding judge's words.

 Take out the litigation materials prepared in advance, put them on top, and then slowly state:

“In response to the plaintiff’s requests against us, our applications are all rejected.”

“We have no cooperative relationship with Nanjian Real Estate Co., Ltd., but the regulatory funds are kept in Nandu Bank. The funds will be used for the construction of Nandu Xiushui Garden Community.”

 “We are only responsible for the supervision of funds.”

“Although we have violated the rules, it does not mean that we have a relationship with the real estate developer.”

 “The use of funds is not controlled by the bank.”

“Our illegal disbursement of funds and the unfinished construction of Nandu Xiushui Garden Community do not constitute a legal causal relationship, nor does it constitute an issue of joint and several liability.”

"Right now."

“We apply to dismiss all the claims of the litigant.”

 “Nandu Bank has completed its statement.”

 After Xu Zhiqiang finished his statement...

 Outside the court hearing, viewers watching the live broadcast:? ? ?

 What does  mean...?

  It means that you do not assume any responsibility and leave the blame to Nanjian Real Estate Co., Ltd., right?

 “What does this son of a bitch, Nandu Bank, mean by this!”

“What do you mean it does not constitute a legal causal relationship! You have already broken the rules, and you still say such things, don’t you want to be shameless!”

"Fuck! This Nandu Bank is so disgusting. It made a big fuss last time, and it's happening again this time. I think we should give this Nandu Bank an award now. It's called the Shameless Award! I'm really convinced, this Nandu Bank What the bank said is so disgusting!”

"I can finally see that Nandu Bank is completely scapegoating. It doesn't want to take responsibility. It still wants this and that. Anyway, it can't be done. It is the first to shirk the blame. For Nandu Bank, I have only Four letters: CTMD!”

“Thank you very much! I will boycott Nandu Bank from now on!”

  “+1+1+1+1+1”

“Nandu Bank hasn’t gone bankrupt yet. It’s really awesome. I hope it goes bankrupt soon and saves the money from doing this and that. They’re all harmful to people.”

   .….….”

There was a burst of abuse on the live broadcast barrage.

 After a few seconds, someone finally asked:

“Teacher Luo...the legal lawyer of Nandu Bank said this, is there any basis and reason for it...?”

 “Yes, yes, yes, please stop scolding...”

 “Let’s first listen to what Teacher Luo says…”

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　….

“Teacher Luo, why don’t you tell us about this case and let us know what is going on with this case? Can Lawyer Su Bai win the case and let Nandu Bank go to hell?”

Facing questions from fans, Luo Daxiang pulled out his small blackboard and drew three circles on it.

 Write down respectively Nandu Bank, Nanjian Real Estate, and the home buyer.

 After finishing, continue and explain: “The statement made by Nandu Bank’s agent is the key to this trial!”

“As you all have seen, in this trial, the plaintiff was sued by Su Bai as the sole agent, and the defendants were Nandu Bank and Nanjian Real Estate.”

“In a legal sense, there is no causal relationship between Nanjian Real Estate and Nandu Bank.”

“In other words, aside from the point of view of this case, Nandu Bank is only responsible for supervising funds. As for how Nanjian Real Estate built the house, how it was built, whether it could be built well, and whether it was unfinished.

 There is no relationship between the above and Nandu Bank.

 Only if the supervision is firm and compliant, Nandu Bank needs to transfer the regulatory funds to the designated account of the real estate. "

“In this process, Nandu Bank has the right to supervise and assumes the responsibility for supervision.”

“But the current problem is that Nandu Bank’s supervision is not in place. As a result, the funds under supervision were transferred to Nanjian Real Estate without reaching the contractual agreement.”

“Nanjian Real Estate misappropriated regulatory funds.”

“Nandu Bank’s defense point of view is that according to the legal definition, even if it is illegal misappropriation of funds, Nandu Bank is only responsible for regulatory failure.”

"What Lawyer Su Bai is currently doing is to create a causal relationship between Nandu Bank's regulatory default liability and Nanjian Real Estate's unfinished buildings." "Do you understand...?"

   .….….”

“Teacher Luo, what you said is too complicated...I didn’t understand it clearly, but I heard it. Nandu Bank is shameless.”

“I seem to understand, but I don’t fully understand what it means. Can you explain it well?”

“Ahem. I understand a little bit. This should be the legal meaning of division of responsibilities...?”

"Doesn't that mean that Lawyer Su's accusation is invalid...?"

 Seeing this comment, Luo Daxiang smiled: "

 It’s not... The key to this argument is whether there is a causal relationship between Nandu Bank’s illegal transfer of regulatory funds to Nanjian Real Estate Company.

If this case is heard by the Supreme Court, then the Supreme Court will only accept the plaintiff’s appeal if it believes that it is reasonable. "

“Furthermore, this issue of liability is very vague. It can be determined as yes or no. The specifics still depend on how lawyer Su rebuts and rejects the other party’s point of view.”

“Give me the simplest example. Of course, the situation in this example is not quite the same as that of this bank.”

“For example, if someone comes to steal something, he must pass through the door you are guarding, but if you open the door for him, does that count as stealing?”

“There are some differences in this example, but the general meaning is this. Can everyone understand it?”

 “I understand... It will be clear and easy to understand if you say it this way!”

“Thank you, Teacher Luo, for helping us answer the question. I understand it now.”

 “Well! Keep reading!”

 Luo Daxiang finished explaining and turned his attention to the live broadcast of the court trial again.

 At the court hearing.

 Zhu He briefly organized Wang Jiangyang’s statement and Xu Zhiqiang’s statement.

 Complete finishing.

 Dong dong dong!

 Bang the gavel.

“Now the lawsuit between the plaintiff and the defendant has been completed. The next stage of the trial is to enter the court hearing and plea.”

“The collegial panel organized the statements of the parties to the litigation.”

“First, there is a legal causal relationship between Nandu Bank and the unfinished real estate project built by Nanjian Real Estate.”

“Second, is the bankruptcy of Nanjian Real Estate an act of malicious debt evasion?”

“Do the parties have any objections to the two points compiled by the collegial panel?”

 These two points are the main key points of this trial. All parties to the litigation understand that Zhu He has organized the most critical points of this litigation very accurately.

Su Bai: "No objection."

 Wang Jiangyang: “No objection.”

 Xu Zhiqiang: “No objection.”

　　咚咚!

“There is no objection from all parties. Let’s ask the plaintiff to make a statement on the first point.”

 “A good judge.”

Su Bai looked down at the materials and spoke.

 Then he took out a piece of material from the materials in front of Li Xuezhen.

 Beginning to state whether there is a causal relationship between Nandu Bank and the failure of Xiushui Garden.

 “The presiding judge…”

“Before I start my statement, I would like to ask Nandu Bank a few questions.”

　　咚咚!

“The application is approved, but please don’t ask too many irrelevant questions.”

 “A good judge.”

Su Bai cast his eyes on Xu Zhiqiang and spoke slowly.

“Based on our investigation and rough calculation, as well as the evidence submitted.

There are about 2,500 home buyers in Nandu Xiushui Garden.

Nanjian Real Estate Co., Ltd. mentioned in the requirements for purchasing a house that it is recommended to go to Nandu Bank for a loan.

  “And provide some convenience measures.”

“Among them, about 1,630 households received loans from Nandu Bank…”

“The amount of the loan is as high as about 160 million yuan, and the benefits generated are also as high as hundreds of millions of yuan...”

“Excuse me, is such a high interest rate the reason why Nandu Bank does not have adequate supervision...?”

Xu Zhiqiang:? ? ?

These words

 Putting a hat on them directly? !

Xu Zhiqiang frowned slightly and said in a cold voice: "No."

 After finishing speaking, he immediately raised his hand to signal.

“Presiding judge, we believe that the questions asked by the plaintiff’s attorney are irrelevant to the defense point, and we request the other party to stop questioning.”

　　咚咚!

After listening to Su Bai's statement, Zhu He glanced in Su Bai's direction.

“Dismiss the lawsuit application of the defendant Nandu Bank.”

“The plaintiff continued to ask questions.”

 “A good judge.”

Su Bai continued to ask: "If not, then why did Nandu Bank illegally transfer regulatory funds into the developer's account in advance...?"

“During this process, did Nandu Bank play a supervisory role...?”

“Nandu Bank just said that it illegally transferred funds to Nanjian Real Estate, and it has nothing to do with the unfinished building. Can it be said that it has nothing to do with it?”

“So how does Nandu Bank explain that Nanjian Real Estate introduces home buyers to Nandu Bank for loans.”

 “How do you explain that the loan interest is as high as hundreds of millions?!”

“While receiving high profits, Nandu Bank transferred regulatory funds into the account of Nanjian Real Estate, while claiming that it had nothing to do with it.”

 “It doesn’t matter?!”

“Then why does Nandu Bank take so much interest but fail to fulfill its regulatory responsibilities?!”

 “What is the main reason for the failure of real estate?”

 “Is the main reason due to insufficient supervision of regulatory funds?!”

 “But what’s the bad ending?”

“The bad ending is that the real estate developers get the regulatory funds and Nandu Bank gets the interest. Both get what they want.

 The result sentence has no legal causal relationship, leaving all consequences to the home buyer! "

 “Why?”

“Why should the homebuyers bear the responsibility for the unfinished properties caused by the lack of bank supervision and the misuse of regulatory funds by real estate developers?!”

“Why, Nandu Bank only enjoys the benefits and does not take responsibility?!”

“According to the constitution of joint and several liability for breach of contract, the bank has no liability?!”

"Which law stipulates that banks only have to enjoy benefits and do not have to bear responsibilities?!"

Su Bai’s eyes were fixed on Xu Zhiqiang.

 When he finished his last sentence, the courtroom was completely silent!

 The situation outside the court hearing was boiling.

“Fuck, fuck, fuck! That’s so good! Damn it, the bank is just making money with interest and doesn’t want to take responsibility. Why don’t you take responsibility?!”

"Yes! Damn it! What Lawyer Su said is so right, and it speaks to everyone's feelings! Why shouldn't the bank bear responsibility? He took the money and interest, so why shouldn't he bear responsibility?!"

“They also operated regulatory funds in violation of regulations. I suspect this is a partnership, and I only defrauded home buyers and bullied ordinary people!”

“Damn it, this is really a possibility! I think after this trial, Nandu Bank can directly cancel his banking qualifications to avoid harming people here!”

“Arrest them, arrest them all! Send them in, Lawyer Su sends them all in, I think they are still crazy!”

"well said!!"

   .….….”

The audience in the live broadcast room was as excited as if they had been given a shot of chicken blood.

Luo Daxiang looked at the audience in the live broadcast room and Su Bai's words just now, and felt excited in his heart.

indeed.

From the perspective of benefit sharing, Nandu Bank should indeed bear the responsibility.

 It is really unreasonable to want to directly separate the relationship now.

 These few sentences can be said to be the voice of the vast majority of the public.

　　　…

Su Bai Just relying on these few words, this lawsuit will probably build the reputation of Bai Jun Law Firm in civil litigation.

 PS: Please give me a monthly ticket~



 (End of this chapter)