Chapter 323: Outcome of the Trial
From the moment the small wooden hammer was struck, the atmosphere of the courtroom changed instantly, and it was difficult for people who had not entered the courthouse to feel the sound of the hammer smashing down, how loud it was in people's hearts, and even when they saw the national emblem, they even had an obvious sense of frustration in their breathing.
After striking the wooden hammer, the presiding judge paused, and looked at Lu Ze in the defendant's seat, he was sorry for Lu Ze, judges are also human, and there will naturally be entertainment activities, Lu Ze may be the only actor he has a good impression of among the younger generation of artists, but the law must be established outside of human feelings, and no one can be biased because of personal feelings.
looked at Shen Jinghan, who was sitting alone on the jury seat, before he took out his right index finger, pursed his lips, turned to the next page, and announced the court discipline, asking the plaintiff and the defendant again if they heard clearly.
"May I ask the defendant, has he received a court summons, notice of rights and obligations and other relevant documents, and does he understand the rights and obligations of the lawsuit?"
"Yes. ”
"Are there any applications for recusal for court judges and clerks?"
"Nope. ”
"Are there any witnesses to testify?"
"Nope. ”
Next, the judge asked Lu Ze about his name, age, ethnicity, address, occupation, ID number and other details, and Lu Ze answered very fluently.
Then there was an inquiry about Feng Changhao, the plaintiff who attended on his behalf, and the presiding judge would not be too detailed in his questioning when the plaintiff was a company and not a private person, and then asked the plaintiff's lawyer to read out the complaint.
"The defendant Lu Zeyuan, an artist under Qianshijia Media Co., Ltd., signed an eight-year artist contract with Qianshijia Media on September 13, 2016, and then violated the relevant regulations of the contract without authorization and failed to perform his duties and obligations. ”
This was expected by Lu Ze, and lawyer Zhang directly opened his mouth, not only asking Lu Ze to pay liquidated damages, but also asking Lu Ze to bear the losses caused by Qian Shijia for Lu Ze's departure, of course, this is obviously unreasonable.
The contract had already been provided to the court, and the judge, of course, had a full understanding of the contract, so he first sat down with lawyer Zhang and announced that the defendant's lawyer could defend the defendant, that is, it was time for Li Jun to fight back.
"Hello Mr. Presiding Judge, I have an objection to the plaintiff's lawyer, according to Article 114, Item 2 of the Contract Law, the upper limit of liquidated damages shall not exceed 30% of the plaintiff's losses, if it is too high or too low, you can apply for adjustment, but the plaintiff demands full compensation of 80 million yuan and let us bear its losses, which is equivalent to our party having to pay its 80 million yuan in compensation after compensation, which is unreasonable, is an obvious overlord clause, and does not comply with relevant national regulations. ”
"Agreed, please ask the plaintiff to make a claim with the correct attitude to claim. ”
The presiding judge was not a fool to ask for such an exorbitant price, and of course he would not agree to Qian Shijia's way of making a claim, and warned him that after warning him, he let Lawyer Zhang continue to speak.
Lawyer Zhang didn't get up first, turned around and glanced at Feng Changhao who was sitting in the defendant's seat, the two glanced at each other, Lawyer Zhang could see some anxiety hidden in Feng Changhao's eyes, and it could be confirmed in Feng Changhao's constant movement of the ballpoint pen, the two exchanged ideas with their eyes, and Zhang Xiangyang slowly stood up.
"Mr. Presiding Judge, I apologize for my words and deeds just now, but according to the preliminary estimate of Qianshijia Media, the defendant's breach of contract has caused at least more than 20 million yuan of brokerage losses to the plaintiff, and the losses will definitely reach 2 million yuan in the future, with a total total loss of more than 23 million yuan. ”
In an instant, Li Jun raised his hand, looked at Zhang Xiangyang with a stunned expression, and protested to the presiding judge.
"I have doubts!"
The defense lawyer spoke. ”
"The contract benefit sharing between the defendant and the plaintiff is clearly stated to be six to four, and the plaintiff has to bear the income of the defendant's broker, that is, 20% of the total funds, in the period of six years and nine months, according to the calculation, the defendant has created economic benefits for the plaintiff to be more than 14 million yuan, and the hidden wealth such as fame cannot be calculated in the loss, in the next one year and three months, whether we will receive the film is about unknown, it is an undetermined loss in the future, and we can not bear legal responsibility, how can we bear more than 23 million brokerage losses?"
Lu Ze and Li Jun are both blind, if you want to say that if you count fame, let alone 23 million, there are hundreds of millions of losses, and even hundreds of millions of them are possible, but apart from the illusory things like fame, counting the actual losses, where did you get the 23 million? But if Lawyer Zhang is full of nonsense, it will definitely be impossible, and there must be something else in Qianshijia's hands!
Sure enough, Lawyer Zhang took out another contract from his bag, and Lu Ze was sure that this contract was not his own, so why did he take out a contract that was not related to this case?
"Mr. Presiding Judge, there is evidence of the loss of 23 million caused by the defendant's breach of contract, this contract is an investment contract signed between Qianshijia Media and the investor's shareholders, the investment amount is 10,000 yuan, and there is a clear provision on page 19 of the contract that the investor designates that individual artists shall not terminate the contract with Qianshijia Media within the specified period of the contract, and if Qianshijia does not have the ability to retain the artist, the investor will withdraw part of the funds, and among the designated artists there is a defendant, and the investor invests 20 million yuan for the defendant, and the current shareholders will withdraw their capital on November 6。 ”
If you want to say that Lu Ze is not blind, it is impossible, after all, he didn't know that this kind of contract existed, and the reason why Lu Ze relaxed just now was because in the original plan, Lu Ze was estimated to have a few million left in his hand after paying liquidated damages, with this money, no matter what he did, at least some starting capital, and it would be a little secure in the future.
But now, if he compensates for the loss of 23 million yuan, and then compensates 30 percent of the 23 million yuan, then Lu Ze will have to pay 30 million yuan, plus 30 million yuan in compensation for iced black tea, not to mention leaving some money, he will have to bear millions of debts!
Lu Ze and Li Jun glanced at each other, and they could find an emotion called stunned in each other's eyes, and in an instant, Lu Ze fell into the ice cave, which was another trick of Li Shanjun!
If the shareholders of Qianshijia are really dummies who help launder money, then Li Shanjun can completely use the dummies to make a reins that are enough to tie all the well-known artists of Qianshijia to his own boat.
If the investor sees the future of a certain artist and invests, this can indeed be said, once the time comes to tear up with any artist, he will directly throw out this contract, and he can ask for tens of millions, he Li Shanjun will sit and wait to collect the money, so Li Jun will not know about this contract at all, because the person who knows the existence of this kind of contract can only be Li Shanjun's own person.
Insidious!
In addition to these two words, Lu Ze and Li Jun couldn't think of any words that could describe Li Shanjun, from beginning to end, Li Shanjun thought of solutions to everything that could be expected, paved the way for himself, and by the way, it was full of killing moves against those who resisted.
From the beginning of this to the present, everything is a ring after a ring, a ring by a ring, there are many forks in the road for Lu Ze to choose, but no matter how Lu Ze chooses, the best result will be in the hands of Li Shanjun, Lu Ze is angry, but he also has to be convinced, in this part of playing yin, he can't play one Li Shanjun out of ten.
This killing move came out, which directly disrupted Lu Ze and Li Jun's train of thought, making their brains become a piece of mush, Li Jun was still trying to make a defense, but the disadvantage was already obvious.
After two hours of debate, the presiding judge adjourned the trial and announced the results of the trial at 2 p.m.
"Lu Ze, I'm sorry, I'm ....... Am I really, I didn't expect Li Shanjun to have this kind of backhand!"
"This has nothing to do with you, no one would have thought of such a contract, forget it......"
The room fell silent, Lu Ze took out the cigarette case, found that it was empty, and irritably crumpled the cigarette case into a ball and threw it into the trash, leaned on the chair, and rubbed his face vigorously.
"Aze, either my aunt will give you some money, if you take this money, even if you owe me, don't be so angry, it's not good for your health. ”
"Besides, Mr. Hu also called me before and said that I would pay back the money for me, I didn't ask for your money....... I don't have the face to ask for it, I'll think of a way myself, it's okay Aunt Han. ”
The lunch break was three hours, everyone didn't eat halfway, and they weren't in the mood to eat, Lu Ze was constantly thinking about what else he had to be valuable, he actually never thought about who to rely on to plug this hole, from beginning to end, he was thinking about solving this problem by himself.
It was not until the reopening of the court that the two sides sat down again, concentrated and listened to the verdict of the presiding judge.
"In accordance with the relevant provisions of the Contract Law, and after checking the actual losses of the plaintiff and the losses caused in the future of 23,164,219.4 jiao and 6 cents, the judgment is as follows: the defendant Lu Ze shall compensate the plaintiff "Qianshijia Media Co., Ltd." for its losses of 23,164,219 yuan and 4 jiao 6 cents, and pay liquidated damages of 6,949,265 yuan and 8 jiao 3 cents, totaling 30,1113,485 yuan and 2 jiao 9 cents, will the defendant agree to mediate? Will the defendant accept the first-instance judgment? ”
At this time, it was difficult for Lu Ze to accept such a verdict easily, his eyes looked at Li Jun, he was elbowing the table, his palm was covering his forehead, like a defeated rooster, Li Jun knew that he would lose this time, but he never thought that the price of losing would be so heavy.
Lu Ze suddenly wanted to sigh about the six-year upstart, and finally ushered in the big fall, just like every celebrity who writes an autobiography, Lu Ze also ushered in his own trough, and the difference with those celebrities is that their big fall may be true, and Lu Ze's big fall ...... It's true.
Happily accepting the trough is not something that everyone can do, and Lu Ze doesn't know if he can, but it's already here...... You've got to try.
So......
"I agree. ”
“.......”
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