marry a celestial master

Chapter 1041 Won the Lawsuit
"Good morning, Lawyer Liu!"

Xiao Wang at the front desk is always the first person to arrive at the company. Her first half of the day is already half an hour earlier than the others. She has to open the door, clean up and wait for the arrival of others.

Because of work, she knows very well the temperament of the company's poisonous people. She knows that Liu Xiaotian is never late in the first half of the day, and always arrives within 5 minutes before work. She is very prepared, but if there is a case to appear in court If so, he will arrive half an hour early.

There is a case to appear in court today, so he came early again and was the first person to the company besides her.

"morning!"

Liu Xiaotian responded with a smile, and quickly sat down at the desk to start preparations. Today's court appearance is Boss Zhao's case, which is also the one that Lawyer Hu attaches the most importance to.

Because of the video data from last time, they temporarily hold the advantage. As long as they can continue to expand their advantage, there is still a great hope of winning this lawsuit, so as to recover the losses for Boss Zhao and avoid his bankruptcy.

Lawyer Hu arrived soon, and the two left together. Xiao Wang looked at their backs with some envy, and finally sighed himself.

As a little girl, even a little girl who is not yet married has some thoughts of spring. Liu Xiaotian looks good, has a good figure, temperament, and ability. Such a person will attract the attention of girls wherever he goes, and Xiao Wang is no exception. , but she knows herself better and knows the gap between herself and Liu Xiaotian.

Lawyer Hu is also single and capable. She graduated from a prestigious university and is a partner in the firm. Although she is a few years older than Liu Xiaotian, the two seem to be a good match, a very good match.

Recently, some people in the company have started discussing this. Xiao Wang has not participated in the discussion, but he has heard it many times. Many people say that Liu Xiaotian and Lawyer Hu have a close relationship. It seems that Liu Xiaotian will become one of the bosses of the company in a short time.

Every time she heard such discussions, Xiao Wang looked a little sad. She buried all these thoughts in her heart, and never said it to the outside world, nor did she intend to say it to the outside world.

In the courtroom, the two parties have already sat down, and the judge and jurors are all seated. The difference from last time is that the defendant's seat has been changed, not the manager from last time.

"Your Honor, my original client has resigned for some reason, and the trusted manager who came this time is also my client!" The defendant's lawyer first stood up and explained the reason. The previous manager had been fired and replaced.

Since Boss Zhao and the others are suing Yida Company, the manager is not a legal person, but a company representative. Although the defendant has changed, the defendant has not changed, so it is possible to do so.

"Shameless, despicable!"

Lawyer Hu gritted his teeth. The evidence they provided last time was what the manager said, and the manager denied it on the spot. It can be concluded that he was lying. The video appraisal results have come out. It is not forged, and there is no modification.

Now the other party has suddenly resigned the manager and replaced the person, which means that their last hard punch is no longer effective, or it has become a light punch, because the person who lied is no longer there, and they cannot directly accuse the other party of the last mistake, at most they can only It can be said that the other party has improperly employed people.

The strong man broke his arm, anyway, their previous advantage was reduced a lot.

"Plaintiff, please present your new evidence!"

The judge quickly began to speak. They had reported to the court before, and this time they would have new evidence, so the judge asked them to present new evidence.

"Yes, Mr. Judge!"

Liu Xiaotian stood up, took out a dozen documents, and handed them to the judge and jurors.

"This is all the sales promotions conducted by Yida Sales in the past year and a half when we found a third-party research company. Yida Sales has a total of 32 stores, and another 53 cooperative stores, a total of 27 stores. A total of 27 promotional activities have been carried out in the past year and a half. Among them, there are only [-] activities that use various forms to reduce product prices by more than [-]%. In these [-] promotional products, there are only six kinds of products, all of which are produced by one company. , is produced by our client's factory. These data show that the defendants have been using the loopholes in the contract with my client to make a name for themselves, but what they lost was my client's interests, which led to my client's My company is on the verge of bankruptcy, so we have reason to suspect that the defendant has set a trap for my client before. This is a fraudulent contract with overlord clauses in it. The contract should be invalidated and the defendant should compensate my client for economic losses. !"

Liu Xiaotian finished this paragraph word by word, he spoke very clearly and clearly, not fast.

The judge has read the investigation report. This is a third-party investigation, notarized by a notary office, which can be used as court evidence and credible evidence.

This investigation wasted a lot of effort on their part. Looking at it now, the previous hard work was not in vain. The defendant's lawyer's brows were already frowning.

"Defendant, please explain why!"

"Yes, Your Honor!" The defendant's lawyer stood up and began to say: "As we all know, we are now a market economy, and all products are market-oriented. There is absolutely no reason for the product. Our client has diversified considerations for the promotion of the product. It can open up the market and promote sales so that the promotion can be carried out. We admit that the plaintiff’s product is of good quality and has a good reputation. Such a product is used for promotion It is more appropriate and beneficial to the company, besides, our client company will also suffer losses from such a promotion!"

"It's true, we don't make a penny every time we promote, and our company's accounts can prove it!"

The defendant's manager also hurriedly said something, the defendant's lawyer did not sit down, and continued: "I just read the investigation report provided by the plaintiff's attorney, and it also stated that my client has conducted a total of After 53 sales promotions, he only said that the price was reduced more, but not all of them. This shows that my client did not only use the products of the plaintiff’s family for promotion, and it proved that they were not targeted at them alone. As for the data of more than [-]% discount, I find it ridiculous that what the market should do is not determined by the investigation, Mr. Judge, I'm done!"

After the defendant's lawyer finished speaking, he sat down, and lawyer Hu's brows were already frowned.

The opponent's lawyer is a well-known lawyer from an old law firm, much better than a new law firm like theirs. Jiang is indeed old and spicy. The evidence they prepared for so long was overturned by the opponent with a few simple words.

However, Lawyer Hu was not discouraged. A lawsuit is just like this. Both sides need to attack each other's weakness and defuse the other's attack. This is just the beginning.

After taking a deep breath, Lawyer Hu stood up again and looked towards the dock.

"I object to the defense's explanation. The market is not dominated by surveys, but a sales company that owns dozens of various products. In promotional activities, 120% of the products are produced by my client company, and 120% The above promotional benefits all come from the products produced by my client’s factory. Why? It’s entirely because of the unfair contract signed between the defendant and my client, which forced my client to promote the activities of the defendant. As for paying the bill, according to Article 830 and Article [-] of the "Contract Law", the two parties to the contract are in an unequal position. When one party has a forced behavior, it can be regarded as an overlord contract. Therefore, I implore the judge and all jurors to rule that this contract is invalid. , and ask the defendant to compensate my client for the [-] million losses caused by my client in the past year and a half!"

"The objection is valid, the defendant is asked to provide evidence!"

The judge spoke slowly, but Lawyer Hu felt a little relieved. At present, the judge's thinking is still biased towards them. They have successfully created the image of the victim. This is very important and is very critical for future judgments. .

However, the judge's attitude is not dominant. If he wants to win this lawsuit, he must show more evidence to prove that the other party's contract is a real fraud, an overlord contract, so as to win more benefits for Boss Zhao.

When Lawyer Hu presented the evidence, Liu Xiaotian was not idle. In addition to preparing the following evidence, he also kept observing the other party's expression. He had already noticed that the defendant's manager was very nervous all the time, with his hands under the table making small movements. , There was even a little sweat on his forehead, he immediately secretly wrote down these findings and reminded Lawyer Hu.

The defendant's lawyer didn't panic, he was an experienced lawyer after all, but the defendant's manager was a bit cramped, which was soon discovered by lawyer Hu.

After the defendant's lawyer made a defense and once again presented the data to talk to the market, lawyer Hu suddenly stood up and asked the defendant's manager: "Mr. Huang, when did you take over as the manager?"

Lawyer Hu's question made the manager in the dock stunned for a moment, and the manager glanced at the lawyer beside him before answering: "I am the manager who took over five days ago!"

"Then could you please explain, what was your job before taking over as manager?"

"This..." Manager Huang was a little flustered, and looked at the lawyer again.

"I object. What my client did before has nothing to do with this case. This is an unreasonable question from the plaintiff's attorney!"

"No, this is not an unreasonable inquiry. We all know that the agent last time was not this manager Huang, but Manager Li who has been dealing with my client. What Manager Li said before, we have done it in the last court trial. The evidence was submitted to the court, but he suddenly resigned. We have reason to suspect that the defendant deliberately avoided him and the video evidence from the last time. Therefore, we must ask the identity of this manager Huang and whether he can really Selling instead of the defendant, Yida!"

Lawyer Hu spoke slowly, the judge nodded slightly, and said softly: "The objection is invalid, the defendant must answer this question!"

The judge did support Lawyer Hu, but suddenly they changed people. Not only Lawyer Hu and others rose up, but the judge also disliked this kind of behavior. Lawyer Hu's reason was very good. She had to know whether the other party had the ability to represent.

Manager Huang seemed even more flustered. The lawyer beside him gave him an encouraging look, and then he whispered slowly, "I was the company's accountant before taking over as the manager!"

"Accountant? Has Manager Huang ever been in contact with management?" Lawyer Hu asked again.

"No, no!" Manager Huang kept looking at the lawyer beside him as he spoke.

"Then do you know the overlord contract between my client and your company?" Attorney Hu stared at him closely and asked quickly.

"I object. Before the judgment is issued, no one can call this contract an overlord contract!" The defendant's lawyer was a fine individual and immediately stood up to object.

"The objection is valid, the attorney for the plaintiff, please pay attention to the wording!" The judge nodded, but also looked at the defendant's manager.

"Yes, Mr. Judge, does Manager Huang know about this contract between my client and your company?"

Lawyer Hu removed the word 'Overlord' and asked again. Manager Huang became even more flustered, first nodding and then shaking his head.

"Do you know, or don't you know?"

"I know……"

"Do you know the content of this contract, or do you know that this contract exists?" Attorney Hu pressed on step by step.

"I know this contract exists!" Manager Huang had already begun to wipe his sweat.

"So you don't know the details of the contract at all?"

"Yes, that's right!" Manager Huang's tone became much lower, and the lawyer next to him frowned tightly.

Lawyer Hu stopped looking at Manager Huang, and looked at the judge again: "Your Honor, I have reasons, and I fully believe that the other party's attitude is contemptuous and unreasonable. An accountant who has no management experience suddenly becomes a manager. He even We don’t even know the content of this contract. We fully believe that the defendant is just playing the trick of changing people again, which is to evade the video evidence from last time. Although the manager is no longer in office, he was indeed the manager of the defendant when he said those words. Those words can completely represent the attitude of the defendant!"

"I object!" The defendant's lawyer stood up again.

"The objection is invalid. The defendant is Yida Sales as a whole. The previous manager can be regarded as representing your company!"

The judge shook his head lightly, and another piece of stone fell in Lawyer Hu's heart. As long as this evidence is established, everything the other party has done before is useless, and their advantages are even more obvious. Boss Zhao knew about it and did it with his permission.

"We have never denied that our client knew these things, but knowing the situation does not mean that he is willing. For the sake of the factory and the eight-year cooperative relationship between the two parties, our client has been begging for everything until he discovered their real purpose!"

Lawyer Hu glanced at Liu Xiaotian, and Liu Xiaotian took out a written evidence and a video image again.

The documentary evidence is the joint signature of more than 50 employees of Boss Zhao’s factory. They prove that Boss Zhao is not willing to pay for the defendant’s promotion every time, but the defendant is their main sales company and is bound by the contract. For the whole company, he can only Losing the current interests time and time again, I didn't expect that the other party had evil intentions and came against them from the beginning.

The video data is part of the surveillance video of Boss Zhao’s company, which proves that Boss Zhao has always opposed such activities, but the representatives of Yida Sales Company have become more and more arrogant. In the end, they even forced Boss Zhao to sign. Sign, and all losses will be borne by you.

That's not all, Liu Xiaotian also found several other companies that do business with Yida Sales, and I don't know how to get their contracts, which are completely different from Boss Zhao's contracts, their contracts are much more formal.

"Mr. Judge, all jurors, I can only say that in this case, honest people are bullied. The defendant, Yida Sales, took a fancy to my client's honest and loyal character, so he set up a trap. First, he deliberately sacrificed me. It is a shameful and despicable crime to do sales promotion for the client's interests, and then find that my client's reputation is unworthy, and want to completely annex my client's company..."

"I object, the plaintiff's attorney is arbitrarily speculating and slandering without evidence!"

The defendant's lawyer said loudly, the judge glanced at him and shook his head again: "The objection is valid, the plaintiff, please pay attention to the words you use!"

Although the judge rejected Lawyer Hu's statement, he shook his head at the defendant's lawyer. This shows that he actually agrees with everything Lawyer Hu said in his heart, but the court is a rigorous place and will not be dominated by the judge's personal emotions. He must maintain The order and rules of the court.

Liu Xiaotian discovered all these little details, and secretly told Lawyer Hu.

Lawyer Hu continued to present evidence, and the other lawyer's eyes were also full of surprise. They did not expect Lawyer Hu to find so much evidence, and even the testimony of Yida Sales Company's own insiders, which made him extremely passive.

Compared with Lawyer Hu and the others, the defendant’s lawyers were not so well prepared. They still took Boss Zhao’s full knowledge and permission and approval of all the defendant’s actions as an argument. Facing the allegations made by Lawyer Hu several times, they did not come up with any evidence. real explanation.

The trial was finally over. Lawyer Hu and the other party did not leave. The judgment will be made today. The judge and jurors have agreed to announce the results of the trial in an hour.

The verdict was about to be pronounced after two trials, which made Lawyer Hu a little nervous, not to mention Boss Zhao, but Liu Xiaotian was very calm and kept persuading the two of them.

They have done everything that should be done, and they have tried their best, and if this is not enough, there is nothing they can do.

An hour later, the judge and the jurors finally came out. This time even the defendant's lawyers were a little nervous. This time their confidence was very small. They did not expect that the other party would have so much evidence. They ignored the enemy and this Small law firm.

"Hongchang kitchen utensils...!"

The judge first gave an introduction to the lawsuit, and then began to announce the verdict: "The purchase and sales contract signed by the defendant Yida Sales Co., Ltd. and the plaintiff Hongchang Kitchenware violated the principles of fairness and fairness. Article 120, Article 120, and Article 330 of the "Contract Law" of the People's Republic of China stipulate that the judgment is as follows: 830. The purchase and sale contract signed by the defendant Yida Sales and the plaintiff Hongchang Kitchenware is invalid; Detailed evidence will not be accepted, if the defendant refuses to accept the verdict..."

"Won!"

A bright smile appeared on Lawyer Hu's face, and Boss Zhao also seemed extremely excited. He won, and finally won. He no longer needs to be restricted by this damn contract, and his company has new hope.

Liu Xiaotian also showed a smile, this result was not beyond his expectation, with such sufficient preparation and so much evidence, it would be no wonder if he didn't win.

It's a pity that the more than 8000 million yuan couldn't be returned. Boss Zhao is very open about it. It's good not to be restricted by this contract. It is basically impossible to get back the lost money.

Lawyer Hu and Liu Xiaotian have also considered this point. In any case, Boss Zhao signed all the promotional activities. There is no reason to ask for losses now. The court's judgment is completely normal, and the lawsuit can be won. It is already the best result for Boss Zhao not to be restricted in the future.

If it weren't for this damn contract, Boss Zhao's factory might have reached another level, and now everything has to go back to more than a year ago and start again, but after learning this lesson, Boss Zhao will be more cautious, more careful, I believe He won't make the same mistake again.

The defendant did not appeal, which was somewhat beyond the expectations of Lawyer Hu. She thought the defendant would appeal in court.

Liu Xiaotian understands this a little bit, the existing evidence is very sufficient, even if the appeal is very likely to uphold the original judgment, there will be no retrial, such an appeal is meaningless, the other party is a big law firm, they have already seen the lawsuit He is very transparent, knowing that the outcome of the appeal will not be very good, he will not appeal rashly.

As for whether Yi Da will appeal after the sale, Liu Xiaotian didn't think too much about it. If they appeal, the lawsuit will continue, but during this period, the contract is invalid, and Boss Zhao cannot be restrained any longer.

"Thank you, thank you so much!"

At the gate of the court, Boss Zhao bowed deeply to Lawyer Hu and Liu Xiaotian. He knew very well what these two lawyers had done in this case, and the pieces of evidence were the crystallization of hard work. Because of so much evidence , and finally let them win the lawsuit.

"This is what we should do. Boss Zhao can come to us at any time if he needs anything in the future!"

Lawyer Hu helped him up, but Boss Zhao seemed very emotional. He didn't find Lawyer Hu and the others for this case at the beginning, but some big law firms. They were not optimistic about it, and finally fell into the hands of Lawyer Hu .

Facts have proved that hard work will pay off, and he did not find the wrong person. A small law firm does not mean that it will not work, and this lawsuit is equivalent to a slap in the face of those big law firms.

Liu Xiaotian also believes that after this case gets out, their firm's reputation and status will be greatly improved, and more cases will be accepted in the future, and they will be busier next time. The speed of upward development has a good development space.

Lawyer Hu also took a look at Liu Xiaotian, she knew very well that without Liu Xiaotian's hard work to find evidence, even if this lawsuit could be won, it would not be as it is now, and it would not be so easy. She is said to be in charge of this case, but most of it All the credit belongs to Liu Xiaotian, this is a real talent, a very good talent, she is also very lucky.

(End of this chapter)