Lawyer's character
Chapter 132 The judge is also upset
Why! There are too many things in this world that people don't understand, especially things between men and women, which cannot be viewed from the perspective of normal people.
"The following is the presentation and cross-examination of evidence. The plaintiff will present evidence." After the female judge finished speaking, she began to look through the evidence previously submitted by the plaintiff.
“The first piece of evidence, the record of a third party transferring money to the defendant through a bank account, proves that the third party donated 153,000 yuan to the defendant over five years without the plaintiff’s knowledge.
The second piece of evidence is the QQ and WeChat chat records between the third party and the defendant. These records were provided to the plaintiff by the third party, proving that there was an improper relationship between the third party and the defendant for as long as five years.
The proof is complete. "The plaintiff's lawyer said.
"The defendant cross-examined," the female judge said.
"The defendant recognizes the authenticity of the above evidence. However, the purpose of proof is not recognized. The money earned by the third party to the defendant is not a gift, but to pay for living expenses. The cross-examination is completed." Fang Yidao.
"Third party cross-examination." The female judge said.
"I agree with all the plaintiff's evidence. It's over." said a third person.
"The defendant gave evidence." The female judge was also upset. She didn't want to hear this kind of case, especially as a young judge like herself was not yet married. Accepting too much negative information would affect her view of marriage.
Except for her, all the other judges in the court were older judges in their thirties or forties, and most of them were female judges. They were basically married and had children, and they were obviously more experienced in handling such cases than she was. Previously, a young male judge was assigned to the court, but later he applied to be transferred to the execution court. Now she is the only young man in the court.
"The first piece of evidence is the QQ and WeChat chat records between the defendant and a third party. The defendant has repeatedly asked the third party for money to pay rent and daily expenses for the two of them. The time when the third party transferred money to the defendant provided by the plaintiff is consistent with both parties. The chat records match in time, proving that the third party in this case transferred money to the defendant for the two of them to live together.
The second piece of evidence is the defendant's rental contract and bank transfer records for rent payment. During the period when the defendant and the third party lived together, they rented the same property, and both parties signed a contract once a year. Because the time was too long, the defendant could only find three rental contracts, but the rent payments were continuous, and the defendant paid rent to the homeowner's bank account every year. It is proved that the amount and time of rent paid by the defendant for renting the property are consistent with the amount and time of the payment made by the third party to the defendant. Most of the money paid by the third party to the defendant was used to pay the rent.
The third piece of evidence, the chat records between the defendant and the third person before they broke up, proves that all expenses incurred by the defendant and the third person during their cohabitation were borne by the third person.
The fourth piece of evidence is the QQ and WeChat chat records and transfer records of a third party borrowing money from the defendant. The loan amount was used to refuel the vehicle and treat friends to dinner, totaling more than 36,000 yuan. It is proved that there is an account transaction between the third party and the defendant, and the money transferred by the third party to the defendant is not a gift, including the cost of cohabitation and the return of arrears.
The above chat records all have notarization certificates issued by the notary public. The proof is complete. "Fang Yi said.
"The plaintiff cross-examines," the female judge said.
“The first piece of evidence, the QQ and WeChat chat records between the defendant and a third party, is recognized by the plaintiff as authentic, relevant, and legal, but the purpose of proof is not recognized. Even if the payment time is consistent, it cannot prove that the third party paid The money is specifically used to pay daily expenses. If it is really used to pay daily expenses, the third party can pay on behalf of the defendant, and there is no need to go around.
The second piece of evidence is the defendant’s rental contract and bank transfer records for rent payment. The plaintiff believes that this evidence is irrelevant to the case. It is uncertain whether the defendant paid the rent with his own money or a third party’s money.
The third piece of evidence is the chat record between the defendant and the third person before they broke up. The plaintiff recognizes its authenticity, legality and relevance, but does not recognize the purpose of proof. The two said so verbally, but it does not mean that it is so in practice. made.
The fourth piece of evidence is the QQ and WeChat chat records and transfer records of a third party borrowing money from the defendant. The plaintiff believes that this evidence has nothing to do with this case. This is a loan dispute between a third party and the defendant and should be handled in a separate case. "The plaintiff's lawyer said.
As a practicing lawyer, although she is inexperienced, she has already made a preliminary judgment on the entire case from the evidence provided by Fang Yi. When the plaintiff came to her before, there were deviations in what she said, such as the plaintiff and the third party. He deliberately concealed the fact that a third party borrowed money from the defendant.
But after she accepted the commission, she had to speak for the client. Even if she knew the truth, right or wrong, her job was not to discuss the merits of the case, but to maximize the interests of the client. Although she was very conflicted in her heart, she had to do this.
"Third party cross-examination." The female judge said.
"I agree with the chat records provided by the defendant, but I don't agree with the content of the proof. Over." said a third person.
"What's the reason for disapproval?" the female judge asked.
"I... I was just chatting with her, but that's not actually the case. The money I gave her was a gift." The third person's eyes were dazed, and he glanced at his wife sitting on the plaintiff's table from time to time.
"Plaintiff, you said that the money transferred by the third party to the defendant was a free gift. Apart from the evidence that has been submitted, is there any other evidence to prove that the money was a free gift?" the female judge asked.
"There is no other evidence. The 153,000 yuan was transferred in batches, with small amounts of 1,200 yuan and large amounts of 3,000 to 5,000 yuan. Because there was an abnormal relationship between the third party and the defendant, therefore Normally speaking, all this money should be a gift." the female lawyer argued.
"Defendant's attorney, do the third party and the defendant live together, or do they live together for a few days occasionally?" the female judge asked.
"Basically, when the plaintiff was not at home, the third party lived at the defendant's place." Fang Yidao.
"Plaintiff, what is the nature of your job? Does it require frequent business trips?" the female judge asked.
"The plaintiff is a company executive who was sent to another province as the general manager six years ago. Therefore, he is permanently stationed in other provinces and can take vacations at regular intervals," the female lawyer said.
It is a fact that the plaintiff does not work in this province. The judge can find out as long as he goes to the workplace and conducts an investigation. Therefore, the female lawyer does not have to lie about this matter.
"The third person, is that so?" The female judge looked at the fat man, a trace of disgust flashing in her eyes.
"Yes, my wife is often not at home. So I made a mistake and regretted it for eternity." The third person's attitude was very good.
"Third person, do you often live at the defendant's place?" the female officer asked.
"I live with her most of the time." The third person said.
"What do you do?" the female judge asked.
"I opened a labor service company in the county." The third person said.
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