Just in the summer because of the lack of subordinates, on the one hand, he was happy to be idle, and on the other hand, he was not worried, his brother-in-law Wu Ping came to the door with a smile on his face, knocked on the door of the summer office three times, and then said, "Brother, what do you want?"

When Xia saw Wu Ping, he also felt sudden, and said, "Why did you come over and not make a phone call beforehand?" After speaking, he asked Wu Ping to sit down and gave him a bottle of mineral water.

Wu Ping opened the mineral water bottle, drank two sips of mineral water and said: "The company asked me to go to Luohu to do business, passing by here, come and see you." ”

Xia saw that Wu Ping seemed to be unsettled when he spoke, and estimated that he needed help with something, so he tentatively said: "I see that you have something, you can say it." ”

Wu Ping said: "It's not a big deal, it's just that Lai Xiangzhi's kid took the IOU that he sued in the Luohu Court last time to the Futian Court to litigate, I took a carload of people to Nanshan to find him, and wanted to beat him, this turtle grandson is hiding!"

Xia said: "Is it so outrageous? The Luohu Court withdrew the lawsuit, and then sued the Futian Court? I just have a new president here, and I don't use me very much, and I am also happy to be free, so I will help you write this response to the complaint when I am free." ”

Wu Ping took out the summons from the Futian Court and a legal document from the Luohu Court from his pocket and gave them to Summer, and said, "Then trouble Brother A." ”

"It's a piece of cake to fight this lawsuit. It's just that the lesson we have to learn is that we should not pay too much attention to the righteousness of the rivers and lakes when making friends, and we should also think twice before writing anything. ”

Wu Ping said, "Yes." ”

Xia said: "I will help you write and print it in three days, and you can just send it to the Futian Court." This lawsuit can be won without a dot. ”

After Wu Ping left, Xia carefully looked at Lai Xiangzhi's indictment, and while reading it, he formed a rebuttal opinion in his mind, and after reading it, his thoughts were formed.

He picked up his pen and wrote:

Reply

Futian District People's Court:

When I received the notice of your court (1999) Shen Fu Fa Jing Chu Zi No. A2127 to sue me as the third defendant, I felt both strange and angry, because I had just finished responding to the lawsuit in the Luohu Court because of this "IOU" (see Annex 1). Of course, I have every reason to believe that your court will definitely restore my innocence in accordance with the law in the spirit of "taking the facts as the basis and the law as the criterion" and punish the fraudsters who played with the law in this case.

The defence is as follows:

1. Facts and Truth:

1. The plaintiff alleged: "On December 17, 1997, the plaintiff and the second defendant were introduced by the third defendant, and with the mediation of the third defendant, the plaintiff and the first defendant signed a contract for the purchase and sale of industrial and mineral products". To this day, I have no idea what Shenzhen Haiqi Industrial Co., Ltd. does, nor do I know whether its legal representative, Lai Zhenhan, is a man or a woman? or an old man, or a child? Is it a Chinese or a foreigner? I don't know anything about all this. None of the four managers of the company in the plaintiff's industrial and commercial registration information (see Annex 2) that I found had contact with or knew me.

In fact, in '98, when I was the manager of the security department of Shenzhen Futou Real Estate Development Co., Ltd., Mr. Song Ji came to the company to negotiate business, during which Lai Xiangzhi, director and deputy general manager of Futou Company, asked me, "Who is this person?" and I said, "It's Mr. Song." This question and answer is normal among colleagues in the company. As for what the plaintiff and the defendants 1 and 2 did in this case, I do not know. This was also confirmed by witnesses such as Song Ji at the Luohu Court and recorded by the Luohu Court.

2. The plaintiff alleged: "On April 26, 1998, Defendant 3 (i.e., I) offered to guarantee the performance of the refund obligation by Defendant 1 (Song Ji's company) and wrote an IOU. I would like to solemnly state that the plaintiff, as a limited liability company, did not hesitate to collude with others to falsify evidence to participate in the company's fraudulent activities in order to obtain money from others, which has violated the criminal law. I reserve the right to bring civil and criminal proceedings against the plaintiff.

It should be noted that until now, I still do not know how many contracts the plaintiff and the defendant have signed, and what the terms of the contracts are. How can I guarantee a refund?

Secondly, I did not know the plaintiff and did not sign any guarantee documents or undertakings with him. As for the "IOU", the holder I wrote to was Lai Xiangzhi's so-called "IOU", and the legal representative and general manager of the plaintiff in this case was Lai Zhenhan. Taking a step back, I assume two conditions: if Lai Xiangzhi is Lai Zhenhan and is the legal representative of Shenzhen Haiqi Industrial Co., Ltd., which is a limited liability company, and if I do owe Lai Xiangzhi, the legal representative of this company, 200,000 yuan. Under these conditions, Shenzhen Haiqi Industrial Co., Ltd. still does not have the standing to claim that I should repay any debts incurred by the company in trade disputes with others. Because what is owed is only the money owed by Lai Xiangzhi, a natural person. Of course, the above conditions are assumed for illustrative purposes.

I would like to say a few more words about this "IOU" (which is actually an IOU):

(1) On April 26, 1998, during my business trip to Anshan City, I met Lai Xiangzhi by chance, and he cried to me that his wife divorced him because of the advance of 200,000 yuan, which would lead to the destruction of his family. asked me to help him write an "IOU" to deal with his wife. It was in this way that he deceived me into gaining sympathy, and I wrote this "IOU" that I did not borrow money from him (see Annexes 1-4 and 5).

(2) After Lai Xiangzhi caught this "IOU," he listed me as the sole defendant in the Luohu District People's Court on July 25, 1998 as a "loan dispute case." It alleged that "on April 26, 1998, the defendant borrowed RMB 200,000 from the plaintiff and orally promised to repay it as soon as possible, but despite repeated reminders from the plaintiff, the defendant did not repay it. "After the case was filed, the civil division of the Luohu court held two hearings on 25 August and 30 August 1998. In the face of a large amount of human and physical evidence, Lai Xiangzhi knew that he was facing defeat, and when he learned that I was going to countersue him for fraud, he hurriedly applied to the Luohu Court on September 4 to withdraw the lawsuit on the grounds of the so-called "out-of-court settlement" (see Annex 1-3). At the Luohu court, his fraud plot did not succeed.

It should be pointed out that the Luohu Court's trial of this case proved two points: First, Lai Xiangzhi's intention to defraud others of money was clearly exposed. The second is to show that when he sued me in the Luohu Court, in his subconscious, there was no concept of me guaranteeing the defendant in this case at all. In his complaint, he clearly wrote: "On April 26, 1998, the defendant (i.e., I) borrowed RMB 200,000 from the plaintiff" (see Annex 1-2). This in turn shows my innocence in this case, and shows that the so-called guarantee liability of the plaintiff in this case is fictitious and altered.

(3) In the Guarantee Law, it is required that the main contract and the subject matter, scope and term of the guarantee should be clearly defined. In this case, it is rare for a combination of corporate fraud and personal fraud to disrupt the legal order of the country. Let's take a look at it from multiple angles:

a. The "effect" of an "IOU": first, to deal with family disputes, then to sue Lai Xiangzhi as the plaintiff as a "loan dispute", and then to sue a limited liability company with Lai Zhenhan as the legal representative as the plaintiff as a "guarantee" for the trade contract dispute. In short, the name is varied, sometimes it is an IOU, sometimes it is an IOU;

b. The route of the prosecution is: from east to west, first Luohu, if not, to Futian, if not, then the court may be held in Nanshan.

c. The department that accepts the case is: the civil court first, and then the economic court.

d, the reason found is: the loan case first, and then the guarantee case; in short, do not give up until you get the money.

As a citizen, I am deeply aware that the burden on the shoulders of judges is very heavy, and if a fraudster like Lai Xiangzhi is not severely punished in accordance with the law, it will not be enough to make the people angry, nor will it be enough to protect the excellent situation of Shenzhen's reform and opening up.

(4) I would like to make one more point: When I received the Civil Ruling (1998) Luo Fa Min Chu Zi No. A438 from the Luohu District People's Court on September 6, 1998, I knew that Lai Xiangzhi had withdrawn the lawsuit, but considering his lackluster character, I had to get back the IOU. From the morning of September 6 to September 23, I contacted him through his mobile phone or went to the place where he had been, and strongly urged him to return the IOU. Lai Xiangzhi swore on the telephone on the morning of 8 September and the morning of 11 September: "I am in Guangzhou now, you can rest assured, I will absolutely not trouble you, and I will explain it clearly to you in person after I return from a business trip." You see, what he said was as good as what he sang, but in September 1999, he magically transformed the "IOU" from the "evidence" of the loan dispute case into the "evidence" of guaranteeing the debts of a certain company. People can't help but ask: Where is the conscience?

2. My request:

1. I request your court to order that my guarantee is not established, and order the plaintiff to return the "IOU" to me in court to avoid future troubles.

2. In view of the collusion between Lai Xiangzhi and the plaintiff in this case to commit economic fraud, in order to reflect the sacred responsibility of citizens to safeguard the dignity of the country's laws, and to take into account the serious injuries suffered by me, my family, and children in the two cases in which I was the defendant, I request the court to order the plaintiff to compensate me 200,000 yuan for mental losses and 10,000 yuan for the direct economic losses (including transportation expenses, lost work expenses, document copying fees, legal consultation fees, etc.) that are listed as defendants in this case, and to claim compensation of 210,000 yuan in total. It also strongly requests the people's courts and courts to transfer the perpetrators of fraud to the judicial organs for criminal investigation in accordance with relevant laws, so as to effectively protect the normal economic order and living order of the state and citizens in accordance with the law.

Sincerely

Futian District People's Court

Annex:

1. 5 copies of materials related to the trial of the Luohu District People's Court.

1. (1998) Shen Luo Fa Min Chu Zi No. A438 "Notice of Response".

2. A copy of Lai Xiangzhi's "Civil Complaint" (copy).

3. (1998) Shen Luo Fa Min Chu Zi No. A438 Civil Ruling.

4. A copy of my "Reply".

5. A copy of the witness Li Qijia's "Supporting Materials" (copy).

2. A copy of the plaintiff's "Industrial and Commercial Registration Materials".

Respondent: Wu Ping

19 September 1999

After writing the reply in the summer, I felt very satisfied, so I saved it on the computer, took it home and printed it out, and then called Wu Ping to come home.

After Wu Ping sat down, Xia looked at him and asked, "What are the common advantages of all liars?"

Wu Ping said: "I still have to ask my brother for advice." ”

Summer continued: "One of them is a clever brain and a scheming mind, and the other is a sharp tooth and a flamboyant tongue. For their first advantage, we also have to learn, and we should think about it before the trial. As for the second point, you are also a certain age, and it is difficult to learn, so it is better to speak as little as possible during the trial, and when the court asks you to speak, you say: What you want to talk about is already on the pleading, and there is nothing to add. ”

After Wu Ping agreed, Xia handed over the materials to Wu Ping and sent them to the Futian Court for trial.