As a Lawyer, You Sent the Judge In?

Chapter 60 Litigation Application

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　　咚咚!

Yu Zhenyang banged the gavel: "The court is now open."

“The following is the identity verification stage, where the appellant is asked to state the identity of the person appearing in court.”

 “A good judge.”

Su Bai nodded slightly and spoke slowly:

“In addition to our client Wan Henghao, the appellant’s appearance in court also includes two attorneys from Baijun Law Firm, Su Bai and Li Xuezhen.”

After Su Bai finished stating the identities of the persons appearing in court, Yu Zhenyang lowered his head and glanced at the litigation materials, then turned to the seat of the party being sued.

“Please state the identity of the persons appearing in court.”

 At the seat of the sued party, Zhang Xiao nodded slightly: "Okay, presiding judge."

“We, as the party being appealed, have Wu Qi, Dong Qiang, Xie Yu, and entrusted defense lawyers, Nanyuan Law Firm, Zhang Xiao, as the parties appearing in court.”

“Presiding Judge, the identity statements of our court personnel have been completed.”

　　咚!

 At the trial seat, Yu Zhenyang slowly spoke:

“This case was tried by the Nandu Xinhe District Primary Court, with judge Yu Zhenyang serving as the presiding judge, and judges Liu Songping and Lin Xudong forming a collegial panel.”

 Personnel information verification completed.

Yu Zhenyang began to announce the cause of the case: "The cause of this case is that the litigant accuses the defendant Wu Qi, as the former main person in charge of Tianlan Construction Co., Ltd., of owed him two years of wages and corresponding material costs, and accuses him of refusing to pay remuneration. "

"In addition, Xie Yu and Dong Qiang, two former equity shareholders of Tianlan Construction Co., Ltd., failed to fulfill their shareholders' actual payment obligations and required them to repay the debt owed by Tianlan Construction Co., Ltd. to the litigant Wan Henghao. The cause of the case Is it true?"

“Presiding judge, the case is true.”

Su Bai looked up at the judgment seat and said.

Yu Zhenyang lowered his head to look at the content of the litigation materials and banged the gavel:

“Confirming that the cause of action is true, the litigant is asked to state the claims, facts and basis.”

 “A good judge.”

Su Bai nodded slightly, briefly sorted out the litigation materials in front of him, and then pulled out a pre-written lawsuit request from Li Xuezhen.

“Presiding judge, our legal request is as follows:”

“One: Wu Qi, as the person in charge of Tianlan Construction Co., Ltd., is also the boss of our client.

 Deliberately delaying our salary arrears for two years has seriously violated our interests and constitutes the crime of refusal to pay.

 We apply.

According to Article 276-1 of the Criminal Law of our country, for the crime of refusing to pay remuneration, Wu Qi will be punished. At the same time, he will pay our arrears of wages and related interest, for a total of three hundred and sixty-eight thousand, seven hundred and nine hundred and nine hundred. Fourteen dollars and seven cents. "

“Two: During the two years he worked for us, Wu Qi, as the person in charge of the company and the boss of our client, often put some mental pressure on our client Wan Henghao.

For example: scolding and expressing dissatisfaction with the content of our work has had a certain impact on the spirit of our client. We require Wu Qi to apologize in public and compensate for certain losses. "

“Third: Our client’s mental and physical condition has been damaged indirectly due to Wu Qi’s failure to pay wages. We require Wu Qi to provide us with certain financial compensation.”

"Four: During the period when Xie Yu and Dong Qiang were shareholders of Tianlan Construction Co., Ltd., the company had a registered capital of 8 million and paid in 500,000. According to Article 28 of the Company Law, shareholders should pay on time the amount stipulated in the company's articles of association. Those who have not completed the amount of capital they subscribed are defective shareholders.”

“Shareholders with defective capital contributions need to bear the company’s liability for guarantee payment, liability for making up the difference, and liability for damages. At the same time, the liability for damages stipulates that when the company cannot pay off its debts, the shareholders with defects can be required to bear the responsibility for supplementary repayment within a certain range.”

"So we apply that Xie Yu and Dong Qiang, the two defective shareholders, bear certain responsibilities for the repayment of wages and interest proposed by us."       "Five: We apply for our litigation costs and attorney fees to be borne by the defendant The litigant shall bear the responsibility.”

“Presiding Judge, we have completed our statement of application for litigation.”

After Su Bai finished his statement, Wu Qi almost wanted to curse after listening to it. He turned his head and looked at Zhang Xiao: "Lawyer Zhang, the other party's lawsuit request is too excessive!"

　　“Isn’t it obvious that you want to send me in!”

 “What **** refusal to pay, I think it’s all an excuse!”

“Lawyer Zhang, we must win this lawsuit!”

 “I try my best”

Zhang Xiao nodded slightly and looked up at the presiding judge's seat. The presiding judge's eyes had already fallen on the defendant's seat:

“Now please state the lawsuit application.”

 Zhang Xiao simply sorted out the litigation materials and then said: "We raise objections to the litigant's application."

"First: Tianlan Construction Co., Ltd. is no longer under the name of our client Wu Qi. Our client Wu Qi is no longer the main person in charge and shareholder. The debt issue of Wan Henghao should not be borne by our client Wu Qi. "

“Because Wan Henghao’s labor contract was signed with Tianlan Construction Co., Ltd., Wu Qi had already notified Wan Henghao and made it clear when the equity was transferred.”

“So Wan Henghao’s salary arrears issue should be borne by Tianlan Construction Co., Ltd.”

“That is, according to the crime of refusal to pay remuneration, we are not its subject, which does not constitute our failure to pay remuneration.”

To put it simply, if you want money, you should ask Tianlan Construction Company, not us.

 As for whether Tianlan Company has money or not, that is not our business.

Since we are asking others for money, we certainly do not commit the crime of refusing to pay labor remuneration.

Hearing Zhang Xiao’s defense, Wu Qi gave him a thumbs up instantly:

 “As expected of a lawyer from a big law firm! He is just awesome!”

He could tell that the meaning of these words was to get rid of him.

 Zhang Xiao continued: “Second: Wan Henghao’s wage arrears and labor contract issues were signed with Tianlan Construction Co., Ltd.

 You should seek out the current legal person in charge and equity holder of Tianlan Construction Co., Ltd., that is, the litigation claim appealed by the litigant above is not valid! "

“We apply to dismiss all litigation applications filed by the litigants.”

I have to say that Zhang Xiao, as a lawyer at Nanyuan Law Firm, does have some strong power.

After listening to Zhang Xiao’s defense opinions, Su Bai nodded slightly. The focus of this lawsuit was not on other aspects.

 Mainly in determining whether Wu Qi is responsible for Wan Henghao’s salary arrears!

 As long as the judgment can be made on Wu Qi, it will be fine.

 The main focus of the other party's defense now is that the legal representative and equity of Tianlan Construction Co., Ltd. have been transferred.

 What he has to do now is to have the court decide to revoke the equity transfer agreement, or to say that the equity transfer agreement is an invalid agreement.

 (End of this chapter)