Reborn Industrial Tycoon

Chapter 455 I won’t leave you a way to survive!

If the case is still in the mediation stage, the plaintiff can withdraw the lawsuit at any time.

However, when the case enters the trial stage and before the verdict is announced, if the plaintiff wants to withdraw the lawsuit, it must apply to the court and obtain approval from the court.

Therefore, if Komatsu Group wants to withdraw the lawsuit, it must apply to the court for withdrawal. However, this withdrawal application is not 100% successful.

Because according to the law, one of the additional conditions for applying to withdraw a lawsuit is that the withdrawal of the lawsuit must not infringe on the legitimate interests of the country, the collective or other people.

This is just an intellectual property case and does not involve infringement of national interests, but it may infringe on the interests of Beverly Engineering. The court will definitely seek the opinions of Beverly Engineering before making a ruling.

If Fukang Engineering refuses on the grounds that withdrawing the lawsuit will infringe on its own interests, the court will also reject Komatsu Group's application to withdraw the lawsuit in accordance with the law.

Therefore, if Komatsu Group wants to successfully withdraw the lawsuit, it must first reach a consensus with Beverly Engineering.

Yang Xin had no choice but to make an appointment with Fukang Engineering's attorney to discuss the conditions for withdrawing the lawsuit.

In fact, talking about the conditions for withdrawing the lawsuit at this time is very passive. The two parties have just exchanged evidence, and the plaintiff is about to withdraw the lawsuit. It is clear that he knows that he cannot win this lawsuit, and the lawyer representing the other party has not yet opened his mouth!

However, if you don't withdraw the lawsuit at this time, you will be even more passive when the evidence comes out in court and you lose the case.

Therefore, Yang Xin was mentally prepared to wait for the lawyer representing Fukang Engineering to ask for a sky-high price.

Just listen to the lawyer representing Fukang Engineering say: "We support your decision to withdraw the lawsuit. This can save both of us precious time, save litigation costs, and save the country's judicial resources. Of course, we also have two points.

Require.

First of all, regarding the costs of case trial, as well as the attorney fees, travel expenses, printing fees, transportation expenses, communication expenses, investigation and evidence collection fees and other necessary expenses incurred by us during the litigation process, we hope that you will bear it."

Yang Xin nodded: "As long as it is a reasonable and legal expense, we will bear it, but you need to provide the corresponding expense list and invoice, and we will also audit the expenses."

When fighting a lawsuit, lawyer fees are a huge burden for the parties. Many people win the lawsuit, but after calculating the lawyer fees, they find that they have lost money. It is even more cost-effective to pay for the lawsuit than to hire a lawyer. This is for reasonable people

That side is somewhat unfair.

As a result, there has been a situation where the losing party bears the winning party’s legal fees.

Domestically, there are also special legal provisions for the losing party to bear the winning party's legal fees.

For example, in legal aid cases, the travel expenses, transportation expenses, printing fees, evidence collection fees and other necessary expenses incurred by legal aid personnel in handling the case shall be borne by the losing party who is not the recipient of the aid.

Another example is that in contract dispute cases, the attorney fees paid by the bondholder to exercise the right of revocation are borne by the debtor.

For example, in arbitration cases, the arbitral tribunal may order the losing party to pay the winning party the reasonable expenses pointed out for handling the case, including attorney fees.

In intellectual property cases, the country's Copyright Law and Anti-Unfair Competition Law also stipulate that the winning party can require the losing party to bear reasonable attorney fees.

This also prevents someone from maliciously using patent and trademark infringement to initiate unfair competition against competitors.

Now that Komatsu Group has proposed to withdraw the lawsuit, it is equivalent to admitting that it has lost the lawsuit, and it should bear the lawyer's attorney fees and corresponding expenses as if it lost the lawsuit.

Fukang Engineering's requirements were completely within Yang Xin's expectation, and he did not refuse.

Beverly Engineering's attorney continued: "Our second request is that we hope that Komatsu Group will publicly apologize."

"No!" Yang Xin immediately shook his head: "We cannot agree to this request! A public apology will damage the reputation of my client!"

For a company as big as Komatsu Group, a public apology will indeed have an impact on the company's reputation.

Moreover, Japanese companies always like to hide their mistakes when they make them. As long as the scandal is not exposed, they will never apologize.

Before coming, Shota Sakamoto gave Yang Xin the bottom line for negotiations, that is, money can be given, but an apology is definitely not allowed.

The lawyer representing Fukang Engineering smiled slightly and thought to himself that Chairman Li had indeed guessed it. Komatsu Group was happy to pay the money, but it was unwilling to apologize.

Yosei Fujian Engineering's attorney said: "It's okay not to apologize publicly. Then we will lower some conditions. Komatsu Group will need to make a written apology to my client, such as writing a letter of apology."

Yang Xin thought for a moment and still shook his head: "A written apology won't do either."

"Then how are you going to apologize?" Beverly Engineering's lawyer asked.

"My agent will not make any form of apology." Yang Xin replied.

"Then let's meet in court!" Fukang Engineering's lawyer continued: "If the court declares our victory, the possibility of counterclaims will not be ruled out. If negotiation cannot bring an apology, we will not mind using legal means to fight for legality.

rights and interests."

Of course Yang Xin didn't want to go to court again, so he just took a step back and said: "Although my client cannot apologize, he can apologize to Beverly Engineering!"

There is a difference between apologizing and apologizing.

Apologizing is admitting one's mistakes to others and hoping to get the other person's understanding and forgiveness, which also means admitting that one has inappropriate or harmful words and deeds.

Apologizing expresses regret and uneasiness, but it does not mean that you have made a mistake, nor does it mean that you have inappropriate or harmful words or deeds.

We often see a certain public figure or a certain company issue an apology letter or statement after making a mistake.

If we look at the meaning of the word alone, this so-called "apology" only expresses the regret in our heart rather than admitting that we have made a mistake, which is insincere.

For example, a multinational company did something that hurt the feelings of Chinese people, and then they issued an apology statement, saying how much they value the Chinese market, how much they value Chinese consumers, and how they will improve in the future, etc.

If there is no word "apology" in the whole article, then what they actually mean is that I feel sorry and uneasy, so I politely say "excuse me" to you.

Anyone who knows a little English knows that excuse me and sorry are completely different.

In Japanese culture, apologizing is a daily necessity and a ubiquitous thing.

For example, Japanese people often talk about "Simi Masai", which means contrast when translated.

However, when the Japanese call the waiter when eating in a restaurant, they add "Simi Masai"; when they go to the supermarket to check out, they add "Simi Masai"; when meeting strangers in the elevator, they sometimes add "Simi Masai".

In Japanese culture, whenever you cause trouble to others, you must apologize. Even if it is a trivial matter, you must "Simi Masai".

Therefore, for Japanese companies, an apology letter is absolutely impossible, but an apology letter is acceptable to them. After all, they continue to apologize every day. Writing an apology letter is just an ordinary daily behavior.

Hearing that Komatsu Group was only willing to send a letter of apology, Beverly Engineering's attorney couldn't help but smile.

"Chairman Li guessed it again!"

…

With Li Weidong secretly pushing the situation, the news that Komatsu Group took the initiative to withdraw the lawsuit and wrote a letter of apology spread like wildfire.

People twenty years later would not be able to tell the difference between a letter of apology and a letter of apology, and people at that time could not tell the difference even more.

Ordinary people just think that since Komatsu Group has voluntarily withdrawn the lawsuit and written a letter of apology, it must be Komatsu Group's fault. This also means that Beverly Engineering has not infringed on Komatsu Group's intellectual property rights.

In addition, Komatsu Group itself admitted that Fukang's FK501 excavator has reached the world's advanced level, so in the next few days, more than a dozen customers came to Fukang Engineering to discuss purchasing excavators.

Buying world-leading equipment at domestic prices is a good thing you cannot miss.

This is why Li Weidong insists on filing a lawsuit with Komatsu Group. Li Weidong just wants to use the mouth of Komatsu Group to promote the performance of Fukang excavators.

In the domestic construction machinery industry, some are large enterprises. In the mid-1990s, those working in this industry were either state-owned enterprises or were transformed from state-owned enterprises.

Although the technology of these large enterprises is not as good as that of developed countries such as Europe, the United States, and Japan, they are still very good domestically. More importantly, the larger the enterprise, the easier it is to enjoy policy support, which is something that small businesses do not have.

Advantages.

For private enterprises, neither capital nor technology is sufficient to produce construction machinery.

Li Weidong is an outlier. He relies on his status as a private enterprise to make construction machinery, but he is also the only outlier.

Within the industry, Li Weidong's Fukang Engineering can only be regarded as a small company, and the competitors he faces are basically large provincial companies, and occasionally there are national giants that existed in the early days of the founding of the People's Republic of China.

If a small business like Fukang Engineering wants to compete with large companies, it is definitely not enough for Wang Po to sell her melons and boast. No matter how powerful Li Weidong brags about his products, customers are not willing to believe it.

The reputation of construction machinery is slowly accumulated. Those large and established companies have already accumulated their own reputation in the past few decades. For this alone, it would take Li Weidong at least seven or eight years to catch up.

Go up.

Therefore, Li Weidong could only find another way to promote his products through the mouth of Komatsu Group.

If I say that my products are good, customers will think that I am bragging and won't believe them.

But even if foreigners say it's good, customers still don't believe it? After all, in the perception of that era, the moon in foreign countries was rounder.

What's more, the foreigner we agreed to work with is the Komatsu Group, the world's top company in this industry.

The same word "good" coming out of Komatsu Group's mouth is more effective than any advertisement.

Fukang Engineering, a little-known brand, instantly became a top excavator brand in China!

…

In a private room of a luxury hotel, Ding Youliang was holding a wine glass and toasting to the fat man next to him with a flattering look on his face.

"Mr. Su, please take good care of us for this excavator order!" Ding Youliang said, and as a courtesy, he poured all the wine in the glass into his stomach.

The burning sensation brought by the liquor stimulated Ding Youliang's taste buds. He couldn't help but want to cough, but in the end he forcibly endured it. This business was at a critical moment and he must not leave a bad impression on the other party.

However, Mr. Su across from him just took a sip like a dragonfly. This was not a good sign in Ding Youliang's eyes.

I only heard Mr. Su say: "This time, our urban construction company is indeed responsible for the construction of the coastal highway project in Donglai City, and we do plan to purchase a batch of excavators for the construction of the coastal highway.

However, our Donglai City is inherently hilly and uneven, and the terrain in coastal areas is even more complex, with deposits of sea sand and hard reefs. Moreover, the rising and falling tides of the sea will also affect construction machinery.

.

Generally speaking, the construction of this kind of coastal highway is much more difficult than building roads in inland areas, so our requirements for construction machinery are also relatively strict.

So we still plan to buy an excavator with better performance. The excavator from your Qinghe Heavy Machinery Factory has pretty good performance compared to domestically speaking, but it is still a little short of our requirements!"

"Mr. Su, let's put it this way, are you planning to buy an imported excavator? The price of imported excavators is much more expensive than domestic excavators!" Ding Youliang said.

Mr. Su shook his head: "We can't afford imported excavators, but there are some domestic excavators whose performance can reach the level of imported excavators."

Ding Youliang was slightly startled, and he already had a guess in his mind. He knew that what Mr. Su said was most likely an excavator from Fukang Engineering.

As expected, Mr. Su continued: "Isn't Fukang Engineering also owned by your Qinghe company? Their excavators are at the world's advanced level! This is not what I said, it was said by Japan's Komatsu Group.

Komatsu Group, Director Ding, you must know that it is the world's top construction machinery manufacturer. Even Komatsu said that Fukang Engineering's excavators have the same performance as their excavators!

With the price of a domestic excavator, you can buy an excavator with imported performance, why not? This is equivalent to saving the company a lot of money in disguise!"

Mr. Su's words made Ding Youliang feel very depressed.

I was reading the newspaper a few days ago and saw that Fukang Engineering was sued by Komatsu Group. Ding Youliang was very happy and thought that no wonder Li Weidong could make such a good excavator. It turned out that he had copied it.

Ding Youliang even felt that Li Weidong would definitely allocate a large amount of money this time, and the FK501 excavator could no longer be produced. By then, the excavator market in the surrounding cities would be his own.

Unexpectedly, just a few days later, things took a turn. Komatsu Group not only withdrew the lawsuit, but also wrote a letter of apology to Beverly Engineering.

The previous lawsuit filed by Komatsu Group actually helped Beverly Engineering advertise. In the eyes of ordinary people, Beverly Engineering's excavators suddenly became the world's most advanced excavators.

With domestically produced prices and imported performance, Fukang excavators are an instant hit!

One Qinghe cannot afford to support two construction machinery companies. If Fukang's excavators sell well, the heavy machinery factory's excavators will definitely not be able to sell.

So even though Ding Youliang worked hard to find customers, the heavy machinery factory's excavators still couldn't be sold.

Ding Youliang knew that the excavator business on the coastal highway in Donglai City had gone bankrupt.

However, he did not give up, but said with an apologetic smile: "Mr. Su, since you can't buy our excavators, then there is no problem in buying our loaders, right? The performance of our loaders is top-notch in the country."

"As for the loader, we also plan to buy it from Fukang Engineering." Mr. Su continued: "If you buy more, there will be discounts. I hope Director Ding understands this."

Construction machinery is quoted per unit. The more you buy, the cheaper the price will naturally be. Buying an excavator and loader from the same company is definitely cheaper than buying it from two companies separately.

This is also a major feature of construction machinery, which is different from cars.

When it comes to buying a car, those who are engaged in freight transport will buy trucks, those who are engaged in passenger transportation will buy buses, those who are engaged in taxi business will buy small sedans, and those who are engaged in cargo transportation will buy vans. In short, you will buy whatever kind of car you want to do.

However, those who do engineering need more than one type of construction machinery, so engineering companies also need different construction machinery to complete construction. At this time, manufacturers that can produce a variety of construction machinery will have an advantage in sales.

Engineering companies can buy all the construction machinery they need from one manufacturer, and they can also enjoy more discounts, so they will not go to other manufacturers again.

Therefore, in the field of construction machinery, those excavator factories, loader factories, and crane factories that only made one type of construction machinery all collapsed in the end. The only ones who survived were SANY, XCMG, and Zoomlion, which had all kinds of construction machinery.

business.

When Fukang Engineering sells both loaders and excavators, it has the effect of one plus one being greater than two.

The order for the excavator was lost, and the order for the loader was also lost. Ding Youliang was very angry, but there was nothing he could do.

But Ding Youliang was still not discouraged, and he said: "Mr. Su, you must also need road rollers to build coastal roads, right? Do you think you can take care of our factory for this order of road rollers?"

Ding Youliang said and added: "Fukang Engineering does not have rollers!"

Mr. Su hesitated for a moment, but finally nodded: "I heard that the performance of your roller is pretty good. I'll send someone to conduct an on-site inspection later. If the performance is really good, I'll buy your roller!"

Ding Youliang let out a sigh of relief, he finally got the order.

For heavy machinery factories, if loaders and excavators cannot be sold, road rollers will become their only way to survive!

…

In the conference room of Fukang Engineering, Li Weidong convened another meeting with people from the technical department.

"We failed in the research and development of excavators. In the end, we relied on importing excavator technology from foreign countries. But don't be discouraged. There is a saying that failure is the mother of success. Every success is based on many

It was a failure!"

Li Weidong paused and then said: "Furthermore, our insufficient technical level has indeed affected the progress of research and development. We have to admit these objective factors.

Fortunately, in the process of introducing advanced foreign technologies, we also learned a lot of knowledge and accumulated some experience. These are our gains and can be used in future research and development work."

Li Weidong said, looked at everyone, and continued: "Although our excavator research and development failed, I hope you will get up from where you fell. For the next research and development project, you will try your best to succeed and turn around.

battle!"

"Next, I will announce the next research and development project..." Li Weidong deliberately stopped talking and waited until everyone's eyes turned to him before continuing:

“Our next development project is a road roller!”

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