As a Lawyer, You Sent the Judge In?
Chapter 157: Li Xuezhen was excited: 111!
Chapter 157 Li Xuezhen is excited: +1+1+1!
The eve of another court session.
Zhu He is still reviewing basic information about this case.
Two points of defense in this trial.
First, it has been decided whether Nandu Bank will be held responsible for unfinished buildings due to its violations.
The second one below is to accuse Nanjian Real Estate Company of malicious debt evasion.
According to the evidence submitted by the plaintiff, Nanjian Real Estate maliciously evaded debt...
how to say.….
Forget it, let’s take another look.
Zhu He thought silently in his heart.
However...he still found Su Bai, a lawyer, quite interesting.
Bai Jun Law Firm—Su Bai.
He has one or two friends in Nandu who have heard of this law firm.
The reason why I heard about it is that when he was talking to his old friend on the phone, he accidentally mentioned some interesting things between the legal circles of Nandu and Beidu.
One of his friends mentioned that every time the Bai Jun Law Firm came to Su Bai to litigate a lawsuit.
Some people will always be sent in.
Defendant, defendant’s lawyer, judge, witness...etc.
What a guy, I almost got a Grand Slam.
He also learned from that friend’s mouth that he was called “Songsong Lawyer”.
The meaning is simple and clear...give it as a gift.
However, if this case only accuses the company of malicious debt evasion, the company owner Ye Zhenghuan will not be able to get in...
Won’t give it away this time?
Then he has to have a good chat with his friends.
Thoughts calmed down.
Zhu He was quite interested in the latter point of defense.
But if you give it as a gift...
As the presiding judge, Zhu He didn’t know where Su Bai would start…
According to the proceedings of the lawsuit, it seems that no one can be sent away at this trial, right?
Thinking of this, Zhu He frowned slightly, then shook his head and stopped thinking.
Time passed quickly. Thirty minutes passed quickly since the adjournment was announced.
At the re-session of the clerk.
Three members of the collegial panel came to the trial table, and everyone on the scene took their seats.
Zhu He banged the gavel.
After the gavel is struck.
Xu Zhiqiang stared closely at the presiding judge's seat.
Zhu He glanced at the defendant's seat lightly, and then spoke:
“The adjournment is over!”
咚咚!
“The following is a judgment on whether Nandu Bank must bear the liability for unfinished buildings due to its violation of regulations.”
“The collegial panel decided after deliberation:”
“It was determined that Nandu Bank failed to supervise funds and had violations, which had a legal causal relationship with the failure of Nandu Xiushui Garden Community.”
Have legal causation.…
Confirmed?
Xu Zhiqiang was stunned for a moment.
This recognition is directly equivalent to explaining that Nandu Bank must bear the responsibility for the unfinished Nandu Xiushui Garden Community!
This is equivalent to directly determining that Nandu Bank must bear certain responsibility for the unfinished construction of Nandu Xiushui Garden Community.
It’s just that now only the causal relationship is determined, which is equivalent to only determining the need to bear responsibility, but not the prioritization of responsibilities.
A few seconds later.
Xu Zhiqiang took a long, slow breath.
In fact, he also knew that there were indeed big problems with the bank during this trial.
But.….
They are banks...
Xu Zhiqiang originally thought that as a bank, the court would not impose too harsh a sentence.
A fine of tens of thousands of yuan will suffice as an administrative penalty for violating regulations. According to the principle of honesty and trustworthiness, a fine of tens of thousands of yuan will suffice.
But now….
Eventually, it was directly determined to bear the relevant responsibility for unfinished work.
Although it is only Ma Cheng who is currently appealing the lawsuit, Nandu Bank has assumed the responsibility for the unfinished business.
But this case was decided by the Supreme Court.
What does the Supreme Court’s judgment mean?
The judgment of the Supreme Law refers to the guiding significance in a legal sense.
Once the results of this judgment are announced, my dear, then all the other owners of Nandu Xiushui Garden Community will have to come to visit.
Go to them, Nandu Bank, to ask for joint liability?
…
If this is the case, then one can imagine the subsequent situation of Nandu Bank...
Furthermore, Nandu Bank is not a state-owned bank!
Headache!
“Ready to find a job…”
Xu Zhiqiang thought silently in his heart that if he lost the court trial this time, it would be impossible for him to stay at Nandu Bank...
咚咚!
At the presiding judge's seat, after announcing the verdict, Zhu He looked at Xu Zhiqiang, who was sitting at the defendant's seat.
“Does the litigation attorney of Nandu Bank have any objection to this judgment?”
…
His thoughts were pulled back, Xu Zhiqiang raised his head slightly and looked at the presiding judge's seat.
Since the collegial panel has made such a decision, even if it raises an objection, it still needs to provide other opinions and evidence that can subvert the judgment.
Unless they provide evidence to prove that their bank has not violated regulations.
Otherwise, no matter how much you say, it will be in vain.…
Taking a deep breath, Xu Zhiqiang said:
“Presiding Judge, we have no objection.”
After Xu Zhiqiang’s voice fell, Wang Wu, who was watching the live broadcast of the trial, exploded.
At first, under Su Bai's repeated questioning, Wang Wu was nervous, fearing that Nandu Bank would lose the case.
Now.…
Determining what causal relationship Nandu Bank has, this seems to be unfavorable to Nandu Bank.
Why don’t you refute?
no disagreement? !
What does it mean to have no objections?
Xu Zhiqiang, what are you doing!
say something!
Rebuttal!
What the hell, let the presiding judge withdraw this verdict!
Otherwise, do you know how heavy the losses of Nandu Bank were? !
Do you still want to do it? Do you know what impact it will have on Nandu Bank after the judgment?
Wang Wu watched the live broadcast of the court hearing, and his heart began to pound.
This Xu Zhiqiang did this at a critical moment!
This Xu Zhiqiang, he thinks the other party doesn’t want to do it anymore!
As soon as this case is over, fire him! Xu Zhiqiang:? ? ?
This is in the Supreme Court, how can I refute? ? ?
If I refuted it on the spot, not only would I lose my job, but I might also lose my lawyer’s license...
I’m just a part-time worker… There’s no need to work hard…
Let’s talk about this trial. Originally, there was a problem with Nandu Bank. It was determined that this result was indeed unexpected, but it was also within a reasonable range.
As for whether to be fired or not, he is already thinking about finding a job. Does it mean anything to him whether to be fired or not? !
No!
In the court hearing, Xu Zhiqiang let out a long sigh.
Li Xuezhen rubbed her eyes excitedly, and Pikachu's eyes flickered.
I feel happy in my heart…
Okay, okay, +1.
After rubbing my eyes for a few seconds, I almost rested...
He then turned his attention to Ye Zhenghuan.
I don’t know if Xiao Li stared at people too much in the court hearing.
Ye Zhenghuan noticed it as soon as his eyes fell on Ye Zhenghuan.
Looking at Li Xuezhen's eyes, Ye Zhenghuan was muttering in his heart for some reason.
What is the lawyer opposite doing...?
Keep looking in his direction.
Don’t say it yet.
As a real estate business owner, Ye Zhenghuan is quite concerned about other aspects.
His heart was pounding because he was being stared at.
Can’t help but ask:
“Lawyer Wang asked, will the other party’s lawsuit affect me? For example, how many days will it take to sit there and eat a big pot of rice?”
Wang Jiangyang smiled: "Don't worry...I've seen it. The evidence submitted by the other party cannot be judged as malicious bankruptcy. It can only be judged as ordinary bankruptcy without following the regulations..."
“The most critical thing in this lawsuit is evidence, unless the other party can produce any specific evidence to prove the company’s malicious bankruptcy behavior.
However, generally speaking, it is impossible to investigate any malicious bankruptcy behavior of a company based solely on personal abilities, because there are many ways for companies to hide their assets.
It is very difficult for an individual to search for evidence involving various departments.
.
….Besides, the other party did not go through any public prosecution process or anything like that. At most, it was just a fine from the major shareholder of a legal person. The Supreme Court could not directly impose it. "
“I understand your worries, Mr. Ye, but don’t worry, Mr. Ye, there won’t be any other problems in this case.”
As a barrister in real estate disputes, Wang Jiangyang knew Ye Zhenghuan very well and was also aware of Ye Zhenghuan's sneaky behavior.
But if you want to convict Ye Zhenghuan in this trial, it would be sheer comedy to directly involve Ye Zhenghuan.
It cannot be said that it is impossible, it is absolutely impossible!
And according to him, the other party just came to let the bank bear part of the responsibility, and now the purpose has been achieved.
As for the bankruptcy and debt evasion requested by Nanjian Real Estate Company, I guess we can just turn a blind eye and let it go. At most, we can recover a little money, but can we really send people in?
impossible! .
….
“But...the lawyer opposite kept looking at me...I always felt something was wrong..."
“Lawyer Wang, can you apply to have the other party’s lawyer stop looking at me during the trial?”
Wang Jiangyang:.….
“It won’t work if the other party doesn’t have active malicious influence…”
“That’s okay.”
Ye Zhenghuan nodded, trying his best to ignore Li Xuezhen's eyes, and felt a little more at ease.
.
….….
At the court hearing stage, after the judgment was completed and it was confirmed that Nandu Bank’s litigation attorney had no objections.
Zhu He continued to circle around the court hearing site, and his eyes fell on the materials in front of him.
咚咚!
“As for the first dispute point in this court hearing, the litigation attorney of Nandu Bank has no objection.
Let’s start the defense on the second controversial point in this trial, that is, whether Nanjian Company went bankrupt intentionally and maliciously evaded debts. "
“Now please let the plaintiff’s litigation attorney make a statement.”
“A good judge.”
Su Bai, as the plaintiff’s litigation attorney, sorted out the materials in front of him and then stated:
“According to our investigation and submitted evidence, there were irregularities in the bankruptcy proceedings of Nanjian Real Estate Company.”
“First: Nanjian Real Estate Company entered bankruptcy proceedings and liquidation without notifying creditors.
Hour buyers of Nandu Xiushui Garden are legally creditors of Nanjian Real Estate Company. "
“In accordance with the provisions of the Company Law, Article 185:”
“A company needs to notify creditors when it undergoes bankruptcy liquidation.”
“However, when the company’s bankruptcy proceedings were about to be completed, we did not receive a bankruptcy notice from Nanjian Real Estate.”
“We are completely unaware of the bankruptcy of Nanjian Real Estate.”
“Nanjian Real Estate Company has committed procedural violations.”
“That is, subjective malice without notification.”
“Second: According to the submitted materials and the results of the court’s investigation, Nandu Real Estate Company stopped the construction of Nandu Xiushui Garden in the month when it received regulatory funds from Nandu Bank in violation of regulations.”
“According to the financial report of Nanjian Real Estate Company”
“Nanjian Real Estate Company has also entered a debt crisis…”
“I would like to ask the defendant, why did Nandu Real Estate Company clearly not continue the construction of the project after receiving regulatory funds, but Nanjian Real Estate Company fell into debt so quickly?”
“According to the financial statements of Nanjian Real Estate Company, part of the capital flow of Nanjian Real Estate Company went into the investment funds of several small companies and the dividends of corporate executives.”
“I would like to ask the defendant, using regulatory funds to increase the dividends of corporate executives, is this malicious debt evasion?”
Ye Zhenghuan turned his attention to Wang Jiangyang.
Wang Jiangyang spoke slowly: "Plaintiff, according to the company's financial report provided by us, Nanjian Real Estate Company became insolvent due to poor management and applied for bankruptcy proceedings."
“Nanjian Real Estate Company, how can there be any malicious bankruptcy behavior...?”
“A company’s malicious bankruptcy refers to the company’s behavior that intentionally harms the interests of creditors. But did Nanjian Real Estate Company intentionally harm the interests of creditors?”
"No."
“Because Nanjian Real Estate Company followed normal bankruptcy procedures and processes, it just failed to notify creditors, which does not constitute intentional bankruptcy.”
“Another point is that the management of an enterprise falls within the scope of enterprise management, if it does not violate the scope of enterprise management.
So no matter what the company does or how it increases the dividends of its executives, it is just a violation of the corresponding rules.
˜It does not reach the level of illegal crime, nor does it reach the level of malicious bankruptcy or malicious debt evasion. "
“If the plaintiff has evidence, it can present it, but if there is no evidence, please note that this is a live trial in the Supreme Court, so please pay attention to your words.”
….
Doing this?
You think that I can’t prove malicious bankruptcy just by relying on my personal abilities, right?
Su Bai looked at Wang Jiangyang with a smile and breathed out softly.
Wang Jiangyang raised his eyebrows slightly after noticing Su Bai's gaze.
What does this smile mean?
After thinking for a few seconds, Wang Jiangyang seemed to understand Su Bai's thoughts.
Is this lawsuit an attempt to recover funds misappropriated by regulators?
ˆ Dividends and investments made by executives can indeed be partially recovered.
But why did the other party file a lawsuit alleging bankruptcy and malicious evasion of debt?
Wang Jiangyang doesn’t quite understand this point.
What Wang Jiangyang didn’t expect was that Su Bai not only wanted to recover the funds misappropriated by supervision...
Of course, there is another idea, which is to send this Ye Zhenghuan in.
He wants both of them!
PS: Please give me a monthly ticket~
(End of this chapter)
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