As a Lawyer, You Sent the Judge In?
Chapter 156: Do you still want to refute? You are the one who will be judged!
Chapter 156 Do you still want to refute? You are the one who will be judged!
Outside the court hearing.
Wang Wu heard Su Bai's plea.
My whole body is numb….
Let’s not talk about anything else, just these words...
Now in the Internet age...if this passage is spread, the blow to Nandu Bank will be huge!
What is this Su Bai from Bai Jun Law Firm doing?
Last time, Nandu Bank's performance declined, and this time they did it again. What do you want to do? !
“Isn’t it just illegally releasing regulatory funds? What’s the big deal?!”
Wang Wu rubbed his eyebrows. At that time, he turned a blind eye because of some interest.
But who would have thought that it would cause such a big trouble.
….
Wang Wu took a sip of water and took a breath before suppressing his irritable mood and continuing to focus on the court hearing.
At the court hearing.
Li Xuezhen looked at Xu Zhiqiang with excitement on her face, unwilling to blink.
Stare!
Stare!
Stare!
Lawyer Su’s questions...are they all asked by a mute...?
Achievement Points+++++
How beautiful it is!
On the other hand, Xu Zhiqiang, who was sitting at the defendant's seat at Nandu Bank, frowned.
Looking straight at Su Bai.
I don’t know what angle I will use to refute the other party’s point of view next.
At the seat of the presiding judge.
Zhu He thought for a few seconds after listening to Su Bai's statement.
Dong dong dong!
Bang the gavel.
“Now please entrust Nandu Bank with an agent to defend the case.”
The pressure is on Xu Zhiqiang.
Xu Zhiqiang looked at the court trial materials in front of him and simply put them aside.
Su Bai’s series of questions.
The main thing is to highlight an issue and tie together Nandu Bank's illegal issuance of regulatory funds and the unfinished real estate from the common interests.
Aiming at this point….
Xu Zhiqiang took a deep breath and said, "I would like to ask the plaintiff's litigation attorney."
“Your question is based on the legal provision that because we have received high interest and insufficient regulatory funds, we need to pay compensation, right?”
Su Bai:? ? ?
This Xu Zhiqiang is digging a hole for himself.
What does it mean to obtain high interest? The supervision funds are not in place, so compensation is required.
? ! ? ?
Su Bai glanced at Xu Zhiqiang flatly, and then continued to speak.
“It’s not that…”
“The relationship we determined is that Nandu Bank’s illegal operation of capital supervision and inadequate supervision led to the occurrence of unfinished buildings, instead of obtaining high interest rates and insufficient supervision funds.”
“In other words, if real estate developers misappropriate funds, Nandu Bank has the responsibility to supervise funds.
In the case of real estate misappropriation of funds, Nandu Bank not only failed to fulfill its regulatory responsibilities, but also issued regulatory funds in violation of regulations, resulting in a mess, so it needs to pay a certain amount of joint liability. "
to be honest.
High interest rates and illegal operations on regulatory funds only make Nandu Bank further responsible.
rather than the main defense of this argument.
The main thing is to create a relationship of joint and several liability.
Xu Zhiqiang’s words are obviously digging a hole.
There is no necessary connection between high interest rates and regulatory violations.
If the defense is argued from this aspect, the bank will directly say "temporary work" and shift the responsibility to the individual.
It will be very troublesome.
It is tantamount to deviating from the main point of conflict in this trial.
It’s a good idea to recommend it to temporary workers!
Following that, Xu Zhiqiang continued to speak:
“I would like to ask the plaintiff’s litigation lawyer, on what basis do you think we need to bear joint and several liability...?”
“Which article of joint and several liability is it based on?”
Since there is no way to break through from other places, Xu Zhiqiang can only start from the aspects of laws and regulations.
To achieve the current headwind situation.
Facing Xu Zhiqiang’s question, Su Bai asked without thinking:
“According to the contract, isn’t it the bank’s responsibility to fail to supervise the bank properly, or even issue illegal payments?”
“What is the relationship between Nandu Bank and Nanjian Real Estate?”
"According to the contract."
“Real estate companies need to ensure to buyers that housing construction and commercial housing will be delivered on time.”
“Since banks provide loans and supervise funds, they also need to be responsible for the home purchase funds of home buyers.
According to the joint and several liability, both Narada Bank and Narada Real Estate need to bear certain responsibilities for the home buyer's delivery. "
“If the bank fails to protect the regulatory funds during this process, it will cause the house to be in ruins, and it will need to bear certain joint and several liability.”
Xu Zhiqiang retorted: "But banks only need to be responsible for regulatory funds. Banks cannot control whether a property is unfinished or not."
Su Bai said:
“If the bank does not issue regulatory funds in violation of regulations and strictly supervises the funds, will Nanjian Real Estate Co., Ltd. misappropriate the regulatory funds? If the regulatory funds are not misappropriated, will there be unfinished business?”
“Please ask the bank to entrust an agent to answer this question directly.”
Xu Zhiqiang: .….….
He has not opened his mouth to refute.
At the presiding judge's seat, Zhu He banged the gavel.
Dong dong dong!
The pleadings of both parties have actually entered the final pleading stage.
Looking at the process and results of this trial and the plea.
Obviously, the bank's illegal operation of regulatory funds led to the failure of real estate developers.
The bank itself needs to bear certain responsibilities, that’s for sure.
but!
The division of responsibilities needs to be divided into primary and secondary stages.
At present, the outcome of the plea between the two parties has been decided, but some issues still need to be clarified.
After clarifying this relationship, Zhu He spoke:
“The collegial panel has heard the pleas of both parties.”
“Besides the above opinions, do the plaintiff and defendant Nandu Bank have any other opinions?”
This case itself focuses on the point of view of whether a bank needs to bear joint liability based on its violation of regulations.
It’s not too complicated.
The evidence chain is clear and there are no major problems.
In addition, the bank was the main fault party, and Xu Zhiqiang also knew this, so he decided before the trial that this case was not easy to win.
.
….The defense has gone to this extent.
It is unlikely that either side would have any other point of view.
Su Bai: "President, we don't have any other opinions."
Xu Zhiqiang: “We don’t have it.”
Dong dong dong!
Presiding judge Zhu He lowered his head to look at the litigation materials, then raised his head and glanced from Su Bai's direction to Xu Zhiqiang's position.
“The collegial panel made a rough summary of the pleas of both the plaintiff and the defendant.”
“Next, the collegial panel will ask some questions regarding the defenses of both parties.”
“Nandu Bank, do you admit that regulatory funds were issued in violation of regulations and supervision of regulatory funds was not in place?”
Xu Zhiqiang: “Yes.”
"So according to the joint and several liability stipulated in the law, what do you think is the most critical factor that prevents you from assuming liability...?"
“We believe that we should only bear the responsibility for the failure to supervise the funds, and should not bear the responsibility for the unfinished business, because the main body that caused the unfinished business is Nanjian Real Estate Co., Ltd.…”
咚咚! "Nanjian Real Estate Co., Ltd., do you agree with this point of view...?"
With one sentence, the topic turned to Nanjian Real Estate Co., Ltd.
Facing this problem.
Wang Jiangyang obviously needs to be on the same page as Su Bai.
Why?
Because if the bank does not bear responsibility for this matter, then their Nanjian Real Estate will bear full responsibility.
Although bankruptcy proceedings have been carried out, the division of responsibilities cannot be ambiguous.
“Presiding judge, we believe that the circumstances leading to the unfinished business are multi-directional, not what Nandu Bank said. The entire cause of the unfinished business is Nanjian Real Estate Company.”
Xu Zhiqiang:? ? ?
You stabbed me in the back? !
Wang Jiangyang: It was you who stabbed us in the back first!
You said that the main body of responsibility is Nanjian Real Estate, so what else can I do...?
It can only be said that...it clears up the division of responsibilities among the subjects.
Besides, even if I say no, will the presiding judge accept it?
Do you really think that just saying a few words can influence the presiding judge's decision?
When the Supreme Court judges are not qualified? ! .
….
After Wang Jiangyang finished his statement, the presiding judge Zhu He on the trial bench knocked the gavel.
Dong dong dong!
“The court will be adjourned now!”
“The trial will continue in 30 minutes.”
The dull sound of the hammer sounded during the trial.
Three members of the collegial panel left their seats.
At the same time, outside the court hearing, the live broadcast also cut to other places.
In the live broadcast room of the French Commentary.
"Why is the court adjourned? Now is the critical moment. The judgment has not yet been made. Why is the court adjourned?"
“That’s right! That shameless Nandu Bank, I haven’t seen this Nandu Bank being sentenced to pay the full amount!”
“Just let the court rule and let them all go in!”
“Nandu Bank is shameless. I think the adjournment is because the members of the collegial panel are discussing how to rule that there is something wrong with Nandu Bank!”
"possible!"
.
….….
In the live broadcast room of the French Review, Luo Daxiang gave a general summary to the audience and fans in the live broadcast room regarding the defense of the parties before the adjournment of the trial.
About the reasons for the adjournment.…
That’s very simple.…
That is to say, the division has been made for the first summary point.
There is no point in continuing to plead. The next step is to decide.
But as for how to determine... determine whether the bank is responsible for the unfinished building? Determine how much responsibility the bank bears.
These are decisions that require discussion.
Luo Daxiang can only guess a rough idea of how the discussion will be carried out. The specific details still need to be determined by the outcome of the collegial panel’s deliberations.
.
….….
At the court hearing.
Li Xuezhen rubbed her eyes and took a breath.
….
The court is adjourned….
Your eyes can rest for a while.…
Li Xuezhen blinked and looked at Su Bai: "Lawyer Su... the court has adjourned."
Su Bai smiled and nodded: "Well, the court is adjourned."
The client on the side, Ma Cheng, said: "Lawyer Su...you really spoke my mind just now..."
"Why doesn't Nandu Bank take responsibility? It just joins forces with real estate developers to **** the blood of home buyers!"
“I think they deserve to go out of business!”
"Oh, right."
“Lawyer Su...there’s nothing wrong with us winning this lawsuit, right?”
“It’s hard to say the specific situation, but there should be no problem.”
Hearing Su Bai's words, Ma Cheng looked at Su Bai excitedly: "That's good, that's good..."
"This lawyer from Nandu Bank is not a good person at first glance. Lawyer Su can definitely do it!"
Su Bai: .….…
This just depends on the appearance? .
….….
the other side.
Xu Zhiqiang sighed slightly and looked at Wang Jiangyang, who was also sitting in the defendant's seat.
Originally, Nandu Bank could continue to plead its case, which might change the preference of the presiding judge.
But now...
Since I encountered Wang Jiangyang’s backstab...
To be honest, Xu Zhiqiang cannot accept this.
Wang Jiangyang noticed Xu Zhiqiang’s gaze, but didn’t take it too seriously. Anyway, they couldn’t let their Nanjian Real Estate Company take all the blame for this.
It's a backrest...it can pull one...
….….
The discussion room of the collegial panel.
Zhu He took a sip of tea and looked at the other two members of the collegial panel, Li Mingfei and Wang Dong.
Li Mingfei and Wang Dong are judges who are proficient in the banking and financial industry and real estate disputes respectively.
"The first point of defense in this trial has been completed... Mingfei, you are proficient in laws related to the banking and financial industry. Do you think Nandu Bank should bear the responsibility?"
Li Mingfei smiled: "The bank violated the regulations first. Since there are violations...then it must bear certain responsibilities, but this responsibility is divided into primary responsibilities and secondary responsibilities."
“I think that no matter how the bank pleads, this case was caused by the bank’s illegal lending of regulated funds, improper supervision, and lack of strict supervision.”
“The reason for the unfinished business is the misappropriation of regulatory funds.”
“Since the reason for the failure is the misappropriation of regulatory funds, it has something to do with the bank.”
“But from a subjective point of view, this case was conducted on the real estate side and regulated the misappropriation of funds, so I think Nandu Bank should be judged to bear secondary liability.”
"Um!"
"I agree."
Wang Dong said: “Most real estate disputes are problems caused by real estate developers. Disputes caused by real estate developers failing to implement a series of contracts.”
“The problem of unfinished projects is also a problem of fund misappropriation by real estate developers.”
“I have handled many cases of this kind before... and I know the banking aspect quite well. Nandu Bank indeed has an unshirkable responsibility.”
"but.…"
"a little bit."
“That’s the subsequent problems that will arise if we determine that the bank is responsible...”
Li Mingfei nodded: "This is also a problem."
Zhu He smiled and nodded: "There is no need to worry about this issue. As far as this case is concerned, there is no problem in judging the bank to bear responsibility, right?"
"No."
"No."
“Well, okay! Let’s wait until the court convenes to make a judgment first, and then divide the responsibilities among the subjects when the judgment is made.”
"OK.…"
Neither Li Mingfei nor Wang Dong had any opinions.
Zhu He put down his water glass and waited quietly for the court to convene again for judgment.
PS: Please give me a monthly ticket~
(End of this chapter)
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