Lawyer's character

Early on Monday morning, Fang Yi took the train north to the capital at around six o'clock in the morning.

Li Shuming's case of buying a car under a borrowed name was not heard in the main court of Haidian Court, but in a dispatched court. Fang Yi spent a lot of time to find the place by taking a taxi. The taxi fare alone cost more than 200. He didn't know whether it was because of the traffic jam or the driver took a detour. Anyway, it was quite expensive.

When Fang Yi entered the court through the security check channel, the defendant had already arrived. He was a middle-aged man in his thirties. When the clerk checked the identities of both parties, Fang Yi found out that this middle-aged man was the manager of the defendant's No. 4 S store with a surname of Procedure.

This case was heard by a single judge. The judge's surname was Tian. She was a young female judge with good-looking features. She looked a little younger. If you didn't know better, you would have thought she was a college student.

The procedures at the beginning of a civil lawsuit are the same. The clerk verifies the identity of both parties, reads court discipline, etc.

Judge Tian banged the gavel and the trial officially began. First, the plaintiff stated the claims, facts and reasons.

"Litigation claims: 1. Request the court to order the car purchase contract signed by the original defendant to be invalid; 2. Request the court to order the defendant to return the 30,000 yuan deposit for the car purchase and compensate for the loss of interest on the occupied funds. The calculation will be based on the bank loan interest rate until the defendant returns the deposit. Day. 3. The litigation costs of this case shall be borne by the defendant.

Facts and reasons: The plaintiff went to Defendant No. 4’s S store to look at the car because he needed a car. Because the plaintiff himself did not have a car purchase quota in Beijing, he was unable to purchase a vehicle and get a license plate. The salesperson of Defendant No. 4 S store informed the Plaintiff that the Plaintiff could borrow or rent a friend’s unused Beijing license plate, sign a car purchase contract with the Defendant in the name of the lessor, and then sign an agreement with the lessor of the license plate, stipulating that the vehicle would be owned by the Plaintiff.

After that, the plaintiff found his friend Zhu Ming, signed a car purchase contract with the defendant in Zhu Ming's name, and paid a deposit of 30,000 yuan for the car purchase. Later, because Zhu Ming did not agree to lend the license plate and refused to go to the 4S store to complete the subsequent car purchase procedures, the contract could not be continued to be performed.

The plaintiff negotiated with the defendant on several occasions to return the deposit, but the defendant refused. With no choice but to do so, the plaintiff will be told to go to your court and please support the plaintiff’s claims in accordance with the law.

complete! "Fang Yi read the indictment again.

"The defendant will plead." Judge Tian looked at the dock.

“The defendant disagrees with the plaintiff’s claim for the following reasons:

The plaintiff came to our store to buy a car on behalf of his friend Zhu Ming and took a fancy to a certain car. Later, the plaintiff's friend Zhu Ming signed the "Vehicle Sales Confirmation Form" with us and paid a deposit of 30,000 yuan by credit card. Not long after that, we contacted Zhu Ming to pick up the car, but Zhu Ming refused to pay the final payment and pick up the car at our store, resulting in the failure to perform the contract signed by both parties.

We believe that the failure to perform the contract was caused by the plaintiff’s friend and had nothing to do with the defendant, who did not agree to return the deposit. "Manager Cheng said.

"Now proceed to the presentation of evidence and cross-examination. The plaintiff will present evidence." Judge Tian looked at the case file and said.

“The first piece of evidence, the Vehicle Sales Confirmation, proves that the plaintiff and defendant have a vehicle sales relationship.

The second piece of evidence, the card transaction record, proves that the plaintiff paid a deposit of 30,000 yuan to the defendant by swiping his card in accordance with the agreement.

The third piece of evidence, the WeChat records between the plaintiff and the defendant’s salesperson, proved that the defendant knew that the plaintiff was not qualified to buy a car and suggested that the defendant borrow his name to buy a car.

The proof is complete. "Fang Yi said.

"Defendant's cross-examination!" Judge Tian looked towards the dock.

“We accept the first piece of evidence, the Vehicle Sales Confirmation.

We also recognize the second piece of evidence, card transaction records.

We do not accept the third piece of evidence. The WeChat chat records were the salesperson’s personal behavior and the defendant was completely unaware of it.

complete. "Manager Cheng said.

"The defendant is giving evidence." Judge Tian said.

"The defendant has no evidence." Manager Cheng said.

"Defendant, let me ask, when you and Zhu Ming signed the "Vehicle Sales Confirmation", was Zhu Ming himself present? Who was present at that time?" Judge Tian looked at the defendant's seat.

"It's been too long. I can't remember clearly. It was probably Zhu Ming himself who was present." Manager Cheng's eyes flickered as he looked at the defense form on the table.

"Is the signature on the Vehicle Sales Confirmation the plaintiff's?" Judge Tian asked.

"Probably." Manager Cheng nodded.

"Plaintiff, who signed the name 'Zhu Ming' on the "Vehicle Sales Confirmation"?" Judge Tian looked at the words. Seeing that Manager Cheng's expression was not natural, he became confused and turned to look at Fang Yi.

"The "Vehicle Sales Confirmation" was signed by the plaintiff on behalf of Zhu Ming. The plaintiff used WeChat to confirm with the defendant's employees that Zhu Ming could not arrive at the scene, so the plaintiff could sign on his behalf. The evidence just submitted by the plaintiff has relevant content." Fang Yidao.

"Defendant, do you agree with the plaintiff's statement?" Judge Tian looked at Manager Cheng again.

"Hmm... I don't agree with it. It was an agreement signed by Zhu Ming himself." Manager Cheng refused to change his story.

"Judge, we require handwriting identification. The handwriting on the "Vehicle Sales Confirmation" is indeed written by the plaintiff." Fang Yidao.

"Defendant, let me explain to you that if the handwriting identification results show that the signature on the "Vehicle Sales Confirmation Form" is consistent with the plaintiff's handwriting, the identification fee will be borne by the defendant.

Let me ask you again, who signed the "Vehicle Sales Confirmation Form"? "Judge Tian looked towards the dock.

The manager knew everything about Li Shuming's car purchase before and after, but he had already said that it was Zhu Ming who signed the car. Now he changed his story. Firstly, he felt it was a bit embarrassing, and secondly, he was afraid that the judge would think he was lying (in fact, the judge already thought so) ), but if he doesn’t change his story, the appraisal fee will definitely have to be borne by the 4S store, and the 4S store will definitely put the account on his head, and he doesn’t want to bear this cost. Now he needs a step up and an excuse.

"Judge, can I confirm? There were so many people buying cars during this period that I really can't remember." Manager Cheng's face changed, and he looked at the judge and said.

"Okay, the court will be adjourned for five minutes. You can ask now." Judge Tian did things neatly and gave Manager Cheng five minutes on the spot to call and ask.

Manager Cheng took out his mobile phone and dialed: "Xiao Gao, your customer Zhu Ming came to buy a car before. Who signed his "Vehicle Sales Confirmation", do you remember?"

"Manager Cheng, are you talking about the customer who bought Toyota?" Xiao Gao's voice came from the phone. It may be that the quality of Manager Cheng's mobile phone is too good, or it may be that the courtroom is too quiet. Fang Yi was vaguely confused. Heard the other party's voice.

"...Yes...that's the customer who bought the Toyota." Manager Cheng confirmed.

"Weren't you present at the time? Or did you forget the "Vehicle Sales Confirmation" that you helped the other party sign?" Xiao Gao said.