The well-known electronic case of Gongdu Electronic has been opened, and the trial venue is the third trial court of the Gongdu Intermediate Court.

There were two plaintiffs present in court, one was the lawyer and the other was Director Yao. However, the three directors of Ma, Lu and Niu were all at the scene, and more than a dozen employees of Gongdu Electronics Company were also there.

There were also two defendants who appeared in court, legal counsel lawyer Shen and office clerk Xiao Du.

Seeing the other party's lineup, Yao, Ma, Lu, and Niu could only "hehe". They felt that whether the other party was too arrogant or ready to give up, it showed Ding Chi's ignorance and naivety.

After a short time, the judge and clerk also arrived at the scene, and the trial began with the sound of the gavel.

The preparation for the trial and the court investigation are routine procedures and are proceeding smoothly.

Before the conclusion of the court investigation, the presiding judge summarized the facts ascertained by the court investigation and the issues disputed by the parties, and then asked: "Whether the parties, third parties, and agents ad litem still intend to make final statements." ”

"Yes. ”

After responding in unison, the plaintiff's lawyer first made a statement: "Dear judge, the defendant knows that the lease is expired and has received our fax notice, but still uses our equipment. This practice is not only contrary to the spirit of the contract, but also contrary to moral norms, and is really bad. We demand: 1. The defendant shall pay the full amount of liquidated damages in a lump sum according to the terms agreed in the fax; 2. The defendant shall formally apologize to us and publicize it in the media at or above the provincial level; 3. The defendant shall admit its mistake and apologize to us in court. ”

After receiving the presiding judge's prompt, Mr. Shen made a final statement: "Dear judge, we strictly abided by the provisions of the lease contract, immediately stopped using Party A's equipment on the expiration date of the contract, and stored it in a special site. We have not breached any contract, and have practiced the spirit of the contract with practical actions, reflecting the awe of the law and respecting both parties. ”

"However, Party A disregarded the facts, first made groundless accusations against us, spread false remarks in individual media, and then sued us to your court. This is not only disrespectful to the law, but also hurts our feelings and good image, and we lodge a strong protest and demand that the other party be held legally responsible. ”

"1. Party A must pay a one-time fee for the storage of the equipment in accordance with the requirements of the letter sent by us; 2. A one-time payment of 50,000 yuan for our mental damage; 3. Party A shall admit its mistake to us in the hall and formally send a letter to us in writing; 4. Party A must publish a letter of apology on the national media platform, apologizing not only to our company and legal persons, but also to the society that has been fooled by them. That's it. ”

Next, the court debate process began, and the two sides began the real tricks in court.

"Defendant, after the end of the lease contract, you still use our equipment without permission, which is a serious breach of the lease contract, and you should claim compensation according to our fax. Our requirements are law-based, evidence-based and reasonable. "Lawyer Gang's statement is the same as his surname, very rigid.

Lawyer Shen only replied with one sentence: "We strictly follow the contract, and we will stop using it immediately after the lease expires, and it is you who breaches the contract." ”

Lawyer Gang smiled slightly: "Defendant, on February 9, I sent you a fax to explain my views, and on February 11, the lease expired, and on February 13, our representative went to the site to check the equipment, and I ......."

Lawyer Shen interrupted directly: "Then did you see us using the equipment?"

"I didn't pay attention to that, but you've been using it since the night of the thirteenth. "What the lawyer said is very affirmative.

"What evidence do you have, and why do you slander us?" asked lawyer Shen rhetorically.

The lawyer cleared his throat again and said in a loud voice: "From January 1997 to the three years of 2000, the defendant signed three lease contracts with us, each for a period of one year, during which no lithography machine was purchased. However, after the end of this lease, the 'Guangchi No. 4' chip was launched at the beginning of June this year, how can this be explained? And in the middle of May, the 'CY love at first sight' mobile phone was launched, and the 'Guangchi No. 4' chip was used, what can be said about this?"

In addition, please understand that the lithography machine rental party is 'Well-known Electronics', and the manufacturer of the 'CY' series of mobile phones is 'Chiyi Electronics'. The subject of the law is not clear, and your rights protection is really 'hehe'. Lawyer Shen scoffed.

Lawyer Gang responded selectively: "Of course, we need to tell the court that this is the focus of this case and the key to verifying that the defendant used our equipment." ”

"You don't have the right to know. Lawyer Shen's voice was cold, "Because you don't have this qualification at all." ”

"Presiding judge, is this the attitude that the defendant should have? "Just the lawyer started asking for help.

The presiding judge did not take a stubble, and seemed to be waiting for the other side to make a statement.

But Lawyer Shen didn't say anything, and the other party didn't ask him.

"Defendant, please reply positively to the plaintiff's question. The presiding judge spoke anyway.

Lawyer Shen said neither humbly nor arrogantly: "Presiding judge, since it is Party A who claims rights, it should be them who provide evidence, not Party B." ”

The presiding judge said: "The court has its own set of procedures, which does not need to be reminded by the defendant, and now the defendant is asked to provide it first." If you can't provide it, you can reply directly. ”

Lawyer Shen pondered for a moment, obviously embarrassed: "Presiding judge, I said that Party A has no right to know, not to shirk, but to have real difficulties. However, in order to show respect for your court and your court, we can present the relevant materials to your court as appropriate, and please allow me to come forward and deliver them. ”

After receiving permission from the presiding judge, lawyer Shen picked up the briefcase, left his position, and walked straight to the presiding judge, then took out a document and handed it over.

Yao, Ma, Lu, and Niu all stretched their necks, wanting to see what was going on, but they were also worried that the other party would blatantly bribe the judge. But to their disappointment, they only saw the back of the opposing lawyer, which made the four even more suspicious.

The document issued by the five ministries and commissions actually involves the needs of the national defense and military industry, and of course outsiders have no right to know. The presiding judge returned the materials to Lawyer Shen, and only after Lawyer Shen returned to his original position did he say: "The plaintiff has no right to require the defendant to provide proof of chip production equipment. ”

"What is it, they have to provide. Director Yao interjected directly.

"Party A, please note that it should be you who provide evidence. Xiao Du also opened his mouth.

You come and go, and the two sides are inseparable. Although Xiao Du just said a word, Director Yao kept interjecting, and the quarrel was very fierce.

On two occasions, Director Yao almost said about "positioning", but he was stopped by lawyer Gang in time.

After arguing for almost an hour, the presiding judge announced a temporary adjournment and entered the courtroom deliberation stage.

The courtroom scene changed from the tense situation just now, Yao, Ma, Lu, and Niu quickly left the scene, and lawyer Shen and Xiao Du continued to stay in their original positions.