Tokyo Barrister: Start the law firm bankruptcy
Chapter 870 Swift Counterattack!!
Chapter 870 Swift Counterattack!!
At the judge's order, Nippon Steel's lawyer Tanimoto stood up first to refute the case. He held a thick stack of documents in his hand and said, "For a creditor to file for bankruptcy, there must be a due debt in law. However, there is a reason why Nippon Steel did not pay the contractor the settlement amount."
"A lot of steel produced by the workshop contractor has quality problems. For this reason, we have specially prepared and compiled materials for the court to review." Tanimoto said, "These quality problems can be divided into three categories, including surface defects, internal defects and external size defects."
"In terms of surface defects, a large number of steel products from contractors have surface cracks, heavy skin, flash, burrs, depressions, and scratches. In terms of internal defects, there is central segregation, including dark spots. In addition, the steel is porous and has metal and non-metal inclusions, shrinkage cavities, and bubbles."
"In terms of external dimensions, there are dimensional differences, including length, diameter, positive and negative tolerances, grinding depth, etc., which do not meet the order requirements. The ovality and curvature also do not meet the specification requirements. We have specially sorted out more than 100 materials with quality defects and compiled them into a book."
Tanimoto's style of play was the same as the day he met Kitahara at the Nippon Steel headquarters.
As long as they insist that the issue is due to quality issues with the steel, then this is a goods dispute and it cannot be confirmed that these workshop contractors have matured claims against Nippon Steel.
Moreover, on that day, Kitahara also took the initiative to expose many reasons for his defense, such as some of the steel production agents and cleaning agents were provided by Nippon Steel, and the steel was not sampled in the contracted workshop. Tanimoto was fully prepared for these reasons Kitahara had mentioned before.
As long as Kitahara gives the same answer as on that day, he will be able to deal a head-on blow!!
Tanimoto's opening reply was an opinion that was difficult to respond to.
If you really start arguing with the other party about whether there are any problems with the steel quality and refute them one by one, then you will really turn a bankruptcy application into a case of goods quality dispute.
"Chief Judge." Kitahara stood up and also took out a document. "The document in my hand contains business emails between more than 100 workshop contractors and Nippon Steel. Just now, Nippon Steel raised so many questions about the quality of steel. So we also have a simple question for Nippon Steel."
“Why has the quality of the steel not been raised until now?”
An incredibly simple question.
But getting to the heart of the matter.
"The steel produced by our workshop contractor is delivered directly to the factory area." Beiyuan said, "If there is any problem with the steel, it can basically be inspected on the spot. Well, even if you can't inspect it on the spot, the contract stipulates that the inspection time is fourteen days. Why didn't you raise an objection within fourteen days, but waited until now to raise the quality problem of the steel?"
Kitahara began to ask a series of rhetorical questions.
"I would like to ask the judges to think about whether Nippon Steel's defense is reasonable. Among so many workshop contractors, some companies have been in arrears of payment for two to three years. And now they are arguing that the delivered steel has quality problems. Isn't this too abnormal? Doesn't this further prove that the so-called steel quality problem is just an excuse for Nippon Steel to delay payment?"
The final destination of Kitahara's statement——
It's not that the steel quality is ok.
Rather, the quality of steel is the excuse for Nippon Steel's delay in payment.
The real purpose of pointing directly at the other party is to muddy the waters.
To Tanimoto's surprise, he did not expect that the young lawyer would not listen to him at all and would argue with him about the quality of steel.
Lawyer Yucheng next to her stood up immediately. Although this middle-aged woman was a woman, her aura was not inferior to that of the male lawyers present, and she was even more powerful.
Yucheng said: "The premise for creditors to apply for bankruptcy is that the claims must be real and valid. The settlement model between the workshop contractor and Nippon Steel is to determine the amount that Nippon Steel should pay based on the quantity of steel delivered. The workshop contractor has falsified the quantity of steel delivered, and the basis of its claims is not true. The contractor's steel quantity must be re-counted!!" "Before, we at Nippon Steel have discovered several cases where contractors deliberately exaggerated the quantity of steel delivered in order to inflate the settlement amount. Therefore, we at Nippon Steel request the court to conduct a comprehensive review of the authenticity of the claims in the case in accordance with the law!!!"
Lawyer Tamashiro attacked from another angle.
The authenticity of the debt was questioned.
The amount of debt claimed by the workshop contractor is also not small.
If we really want to examine the authenticity of each debt claim one by one, I don’t know when it will be done.
From here, we can also see that -
Another strategy of Nippon Steel is to procrastinate.
As long as the battle drags on, the final winner will definitely be Nippon Steel.
Kitahara quickly retorted: "You, Nippon Steel, have issued a large number of debt certificates called 'A Certificates', which record the amount of money owed by Nippon Steel. At the same time, the A Certificates have also been notarized by the bank as debt documents, and the contractors are allowed to pledge the A Certificates to the bank in exchange for money. Nippon Steel has already acknowledged the debt, so why are you going back on your word now?!"
"We issued these debt certificates because we were defrauded by your workshop contractor, so these debt certificates are invalid!!" Yucheng immediately said tit for tat.
This female lawyer from TMI Comprehensive Law Firm truly demonstrated her first-class skills by insisting on the authenticity of the debt and launching her attack.
Tamashiro also agrees with Tanimoto's ideas to some extent.
Just stir the water.
Then the winner must be Nippon Steel.
Just now, Gu Ben was arguing about the quality of steel.
Now, Yucheng is entangled in the authenticity of the debt.
However, Kitahara was not afraid of the attack launched by the female lawyer. On the contrary, he smiled when he heard her mention the word "fraud".
"Just now, Attorney Yucheng said it was 'fraud.' At the same time, you said that you had discovered several cases in which the contractors exaggerated the amount of steel delivered. I looked through the materials and found that all the violations you mentioned occurred a year ago."
Kitahara's smile became more cautious. "According to the Civil Code, for a contract concluded by fraud, the defrauded party must exercise the right to cancel within one year. You, Nippon Steel, knew about the violation a year ago, but did not exercise the right to cancel. The one-year limitation period has ended. You, Nippon Steel, did not exercise the right to cancel, which obviously means you recognized the amount of the workshop contractor's debt!!"
Suddenly——
The young male lawyer launched a stormy counterattack!!
(End of this chapter)
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