Lawyer's character
Chapter 121 Buying a car in a borrowed name and holding court 2
"Ah! Don't say those useless things. I'll ask you if it was signed by him himself." Manager Cheng was a little irritated.
"It wasn't him who bought the car, it was Li Shuming. Zhu Ming was in name. Li Shuming signed the "Vehicle Sales Confirmation Form" on his behalf. It was you who came up with the idea. Have you forgotten about it?..." What else did Xiao Gao want to say? The manager had already hung up the phone.
"Judge Tian, I just asked, but I remembered wrongly. The "Vehicle Sales Confirmation" was signed by Li Shuming on his behalf. Zhu Ming was not at the scene at that time. There is no need for handwriting identification." Manager Cheng turned around with an embarrassed look. Look at Judge Tian.
"Okay, let's continue with the court session." Judge Tian said: "Defendant, since the actual buyer is not present, why did you go through the formalities for him? Do you know that the actual buyer is the plaintiff?"
"I don't know. At that time, the plaintiff said that he was buying a car on Zhu Ming's behalf, so we went through the formalities for him." Manager Cheng put on an expression that looked like a dead pig not afraid of boiling water.
"Does the plaintiff have entrustment procedures?" Judge Tian asked.
"The plaintiff took a copy of Zhu Ming's ID card at that time," Manager Cheng said.
"Did the plaintiff submit a power of attorney to you at that time?" Judge Tian continued to ask.
"No." Manager Cheng said.
"Without a power of attorney, do you believe that the plaintiff is buying a car on Zhu Ming's behalf?" Judge Tian asked.
"We are selling cars, and the other party is buying cars. As long as the other party pays, we will sell them. Of course, I do not deny that we have flaws in the review." Manager Cheng argued.
"Defendant, you said that the actual car purchaser was Zhu Ming, then why does it stipulate in the Vehicle Sales Confirmation that in the event of a refund, the money should be returned directly to the plaintiff? Shouldn't it be returned to the actual car purchaser?" Judge Tian asked.
"This... may be due to financial considerations. It is more convenient to return the money through the original method!" Manager Cheng hesitated for a moment.
"Defendant, let me ask again. Zhu Ming was not present from the time he saw the car to the time he purchased the car. How did you determine whether he was qualified to buy the car?" Judge Tian asked.
Manager Cheng was speechless and speechless. He had never expected the judge to ask such a question before. After holding it in for a long time, he finally came up with an excuse: "Well... we asked over the phone."
"Did you make the call?" Judge Tian asked.
"Yes." Manager Cheng said smoothly. When he realized what he wanted to say, it was too late. Judge Tian asked again: "Plaintiff, do you agree with the defendant's statement?"
"I don't agree. The relationship between Zhu Ming and the plaintiff is to borrow a license plate, not to entrust the purchase of a car at all. In addition, in the evidence provided previously, the defendant's employees suggested that the plaintiff borrow his name to buy a car after learning that the plaintiff was not qualified to purchase a car. , the plaintiff approached Zhu Ming to discuss renting a car plate after listening to the defendant’s employee’s suggestion.
Before signing the agreement, the defendant had no contact with Zhu Ming at all, let alone called Zhu Ming to inquire about his car purchase qualifications. From the beginning to the end, the plaintiff was purchasing the car. The defendant knew that the plaintiff was not qualified to purchase the car and was using Zhu Ming's name to purchase the car. "Fang Yi said.
"Defendant, you just said you called Zhu Ming to discuss car-buying qualifications. When did you make the call?" Judge Tian asked.
"It was when signing the Vehicle Sales Confirmation Form." Manager Cheng said.
"Is there any evidence? For example, call records and so on." Judge Tian asked.
"I'll go back and look for it." Manager Cheng looked a little nervous and thought to himself: Little girl, why are you asking so many questions?
"Isn't it you who made the call? You should be able to find it in just a few months. If you can't find it, go to the business office and print out a call list and submit it to us.
If it cannot be submitted, the defendant will bear the legal consequences of being unable to provide evidence. "Judge Tian said coldly.
Manager Cheng agreed and secretly complained in his heart: I haven't even made a call. Where can I find the call records? How careless!
"Defendant, do you know that the plaintiff is not qualified to buy a car?" Judge Tian then asked.
"I know." Manager Cheng felt a little unsure when asked by the judge.
…
"Plaintiff makes final statement." Judge Tian kept writing with the pen in his hand and glanced at Fang Yidao.
"The plaintiff believes that both the original and the defendant confirmed that Zhu Ming was not present when the "Vehicle Sales Confirmation Form" was signed, and Zhu Ming did not issue a power of attorney for the plaintiff to purchase a car, and both parties agreed that in the event of a refund, the money should be refunded directly For the plaintiff, Zhu Ming was not present when the car was purchased, the purchase price was not paid by Zhu Ming, and the refund had nothing to do with Zhu Ming. From this, it can be seen that the actual purchaser of the car should be the plaintiff, and Zhu Ming was just the person who lent the license plate.
The defendant was fully aware that the plaintiff did not have the quota for buying a car in Beijing when he paid the 30,000 yuan for the car. The plaintiff borrowed the name of another person to purchase a motor vehicle from the defendant. The purpose and content of the contract entered into by both parties violated the "Interim Regulations on the Regulation of the Number of Passenger Vehicles in Beijing", disrupted the public order in Beijing on the regulation and management of vehicle configuration indicators, and harmed the public interests of society. The contract Should be invalid.
According to legal provisions, after the contract is invalidated, the property acquired as a result of the contract should be returned. Therefore, the defendant should return the 30,000 yuan car purchase deposit and the corresponding fund occupation fee to the plaintiff.
Statement completed. "Fang Yi stated.
"The defendant makes his final statement." Judge Tian said.
…
After signing the court transcript, Fang Yi left the court. Seeing that it was still early, he went to a roadside noodle shop for lunch. Then we took a taxi to the West Railway Station.
In the Zhengyi Law Firm, Chu Huai was holding a tea cup, squinting his eyes and thinking about something. When he saw Zhao Zhongcheng coming in from the outside, he hurriedly came over.
"Is something wrong?" Zhao Zhongcheng glanced at him sideways.
"Old Zhao, are you free at noon? Let's get together." Chu Huai said with a mean smile.
Seeing Chu Huai's appearance, Zhao Zhongcheng already guessed that this guy must have something to ask for, otherwise he wouldn't laugh so cheaply.
"It's not the right time to get together. Besides, if Director Sun sees us gathering together muttering privately, it won't be good!
Are you in trouble? In our relationship, if you have something to say, you can just say it. There is no need to engage in eating and drinking, which will make you appear indifferent. "Zhao Zhongcheng said with a soft smile.
Chu Huai was startled, and then he gave Zhao Zhongcheng a friendly fist on the shoulder: "You are so funny, I really have something to do. The director is not here, so I'm fine now. Come on, let's go to the conference room to talk."
Zhao Zhongcheng didn't know what kind of medicine Chu Huai was selling in his gourd. Seeing that nothing happened, he followed him to the conference room.
"Old Zhao, I heard you say that my younger siblings work at the Education Office. Are they still working there now?" Chu Huai closed the door of the conference room and lowered his voice.
"Yes, but she is mainly responsible for news and publicity. What's wrong?" Zhao Zhongcheng said.
"My daughter, your eldest niece, isn't it time to go to middle school? There are only a few good middle schools in our county. I want to help her find a good school." Chu Huai said with a smile.
Two chapters today!
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