Wuchang QU People's Court, Second Civil Division.

Christmas is three days away.

Early in the morning, the recent high-profile "Squirrel Fruit Industry v. Premium Store Case" was held here.

Because Feng Jianxiong and Ma Hesha have recently caused some scandals, the case has received much higher social attention than ordinary commercial lawsuits, and the auditorium is almost full, and most of them are media people.

Although Ma Hesha sued the two malicious defamatory media, the lawsuit has not yet been tried after all, and the lawsuit itself is still relatively low-key, and Feng Jianxiong did not take the initiative to publicize it.

Therefore, in the eyes of most media, Ma Hesha and Feng Jianxiong, "dog men and women who have unspoken rules for the opportunity to make films", are still filthy.

Before the trial, most of the media people turned their attention to the plaintiff's side, and they did not hesitate to shoot any time allowed by the court.

Because it is a case of the right to reputation, not a case of privacy, it does not involve personal privacy, and it should be tried in public according to the Civil Procedure Law. (If privacy is involved, the first few court sessions may not be public, but the last time the verdict is announced, the verdict must still be announced publicly.)

Feng Jianxiong had done his homework in advance, and he still knew a lot about the management of the "Premium Store", and before the trial, he glanced at the defendant's dock opposite, and was surprised to find that Liu Yang actually came to respond to the lawsuit in person - that is, the big boss of the "Premium Store", Mr. Liu.

You must know that in the commercial litigation caused by this kind of enterprise, it is generally necessary to send a lawyer to deal with it with enough power of attorney, and at most send a lower-level person to represent the enterprise.

Otherwise, there are so many lawsuits in large companies, how can the boss be skilled?

The boss can appear in person, which shows that the other party at least has a quick decision.

Feng Jianxiong was still pondering there, the clerk had invited the presiding judge, whose surname was Yuan, and he was a woman about 35 years old.

The court rules are then read out and the parties are asked if they have asked for recusal.

After receiving the affirmation that Feng Jianxiong and Liu Yang both expressed that they would not apply for recusal, Judge Yuan went through the claims and reasons for the litigation in one or two sentences, and then directly entered the determination, cross-examination and refutation of the facts.

"Defendant, what do you have to refute the plaintiff's claim that your company has infringed on the plaintiff's exclusive rights to various brand promotional materials since the beginning of November 2008 and continues to this day?"

After Feng Jianxiong's statement, Judge Yuan turned to Liu Yang and his lawyer to ask questions.

The defendant's lawyer is named Chen Debing, who is also one of the partners of Yuecheng Law Firm, a first-class law firm in Wuchang, and is also the No. 1 person in the legal enclosure of Hubei Province.

In the face of the judge's questioning, Feng Jianxiong expected that Liu Yang and Chen Debing would resist fiercely — although he was not afraid of such resistance. Because the evidence, the facts, and the truth are on his side.

However, the other party did not resist at all.

Lawyer Chen said calmly: "Dear Presiding Judge, we admit the above-mentioned infringement facts put forward by the plaintiff and have no objection to the evidence. We are willing to apologize to the plaintiff and reach a compensation agreement through out-of-court mediation. ”

However, he said this without the slightest expression of defeat and discouragement, as if it would not lead him to lose the case.

Judge Yuan was shocked, she didn't seem to have seen this situation after being a judge for more than ten years, and couldn't help but confirm:

"What? You directly admitted the other party's claim? Lawyer Chen, please note that if you, as an agent ad litem, want to make a statement that will lead to a direct admission of the other party's claims, you must have special authorization - clerk, please check the power of attorney of the defendant's agent ad litem. ”

According to the Civil Procedure Law, after receiving the client's entrustment and becoming an agent ad litem, a lawyer can generally act on behalf of the client in various words and deeds. However, there is an exception that requires additional special authorization.

That is to directly admit the claim asserted by the other party.

Because this kind of behavior is contrary to the interests of his client, and it is a direct surrender without resistance. For the sake of prudence, the procedural law requires that lawyers who want to surrender without resistance must have additional special authorization.

At the time of the trial, the clerk had already checked the identities of both parties and the qualification documents such as the power of attorney, but at that time, because he did not expect Chen Debing to directly not resist, the clerk did not check whether his power of attorney was a special power of attorney.

That's why there is such an unprofessional rush.

However, they soon realized that there was no need to be so scrambling.

Because the legal representative of the defendant company himself came to court today, and it is not only the lawyer.

"No need to check, I agreed with him to do it. Liu Yang said reluctantly with a suspicious expression, but his speech was quite clear, and he still trusted the lawyer he hired.

Since his company was founded, he has been looking for Chen Debing to handle legal affairs and take on big cases, and he believes that Chen Debing will not cheat him after all these years.

After listening to the legal representative of the defense speaking in person, Judge Yuan naturally did not have much trouble, but only instructed the clerk to write this article into the court record in detail.

Then, she turned to Feng Jianxiong with a pleasant face: "Plaintiff, the defendant has very readily admitted the facts raised by your side and expressed its willingness to mediate on the amount of compensation, you should be fine, right?"

Judges all hope that mediation will have a higher rate of case settlement, which is also one of the achievements of a harmonious society.

Since the conspiracy of the other party has not been exposed, Feng Jianxiong naturally has no reason not to accept mediation - the other party directly admits defeat, and you still don't let the mediation talk about money, which will leave a bad impression on the judge.

At the same time, he is not afraid that the other party will retract his confession after mediation fails. Because all the facts admitted by the other party before mediation have been recorded in the trial record and must be signed by both parties for confirmation.

Even if the amount cannot be agreed after mediation, a mediation agreement cannot be reached. Then, the court will also make up the part of the "value judgment" according to the part of the facts that have been determined before, and determine how much compensation should be paid in accordance with the law.

"Yes, we accept mediation. ”

I thought I would have to review the content of the morning, but it was done in 20 minutes. You can still save three hours to go back to playing World of Warcraft.

Of course, Judge Yuan could not have been so depraved.

She made a slight inquiry about the trial plan and decided to move forward the issues that should have been dealt with at the second hearing.

Anyone who has watched a legal film knows that in most cases, a case cannot be tried in one court session.

In civil and commercial cases, the most common is to hold at least one court for the determination of facts, one for the application of law and value judgment, and then another for the final judgment (in many cases, the collegial deliberation before the verdict is pronounced takes a relatively long time, and it is relatively rare for the collegial judgment to be pronounced in court within a few minutes after the application of law debate). ）

In this case, it was originally intended that the content of the "trial compensation amount" part would be put in the second trial (if the facts part would have been cleared at the first hearing), but now it has naturally been brought forward.

……

In the indictment, Feng Jianxiong originally wrote that the claim amount was 8 million.

Of course, this figure is written blindly, or rather, it can only be reluctantly attached to a source-

At that time, Feng Jianxiong used the phrase "Squirrel Fruit Industry's sales of maren candy in October 2008 were close to 20 million yuan, and since November, because of the publicity infringement and the introduction of confusing products by the store, the sales volume of squirrel fruit industry has fallen below 10 million yuan." and it is expected that this kind of sales crowding will continue to exist during the infringement period in the next few months", and casually fabricated a claim of 8 million.

The net profit of the squirrel fruit businessman's cake cutting is about one-third. In other words, as long as it is proved that the other party's infringement confusion and goodwill are corrupted, it can cause a decrease in sales of 24 million yuan, and it can constitute an infringement damage of 8 million yuan.

Undoubtedly, this is a figure purely for the purpose of paying more court fees in exchange for the court to open the court earlier. In fact, it does not stand up to scrutiny at all.

Because even if there is no publicity confusion and infringement of "Premium Shop", the sales outlet of squirrel fruit industry's cake-cutting will pass.

Even Feng Jianxiong and Tian Haimo, when they privately audited the book, also believed that the infringement of the excellent store actually only led to a drop of two or three million in the actual sales volume of "Squirrel Fruit Industry" in November, and a maximum loss of net profit of 1 million.

In the following months, if the infringement continues (or the impact of the infringement continues), the actual loss for each month will also decrease due to the statute of limitations.

In the end, the actual loss of 2 million is considered good, and 3 million is considered against the sky.

Now, since it is necessary to directly preside over the mediation of the amount of compensation after the other party admits the facts, these numerical issues have naturally become sensitive.

Feng Jianxiong also knew that it was definitely impossible for the other party to be stupid enough to admit the amount of 8 million indictment, even if it was himself, he was willing to cut half of the asking price after a little bargaining, reflecting his sincerity. (After all, the figure of 8 million will be punctured after a slight debate)

Of course, this kind of concession cannot be made overnight, otherwise it will make people think that you can be deceived and your negotiation skills are too stupid.

After a few minutes of arguing, Feng Jianxiong seemed to sincerely give a new price: temporarily asking the other party to compensate 6 million.

I have already subtracted 2 million myself.

He waited for Liu Yang to make a counteroffer.

"Defendant, please state your opinion on the amount of compensation. After Judge Yuan pressed Feng Jianxiong to lower the price, he thought that he had done his duty to the defendant, so he asked the defendant's opinion on the shelf.

The mediating judge always wants to make both the original defendant feel that he is his benefactor.

At this time, Chen Debing, who had never shown the quality of a barrister, finally showed his edge: "Dear presiding judge, our client is willing to assume the responsibility of apologizing, eliminating the impact, and compensating the plaintiff for 200,000 yuan of economic losses." ”

"What did he say, only 200,000?" Ma Hesha looked shocked, looked at Feng Jianxiong, and felt incredible.

The corners of Feng Jianxiong's mouth twitched slightly, and he sneered: "Sure enough, I want to give up the early resistance, give a good impression on the judge, and then lure the enemy to go deep into here to resist." Hehe, I know roughly what he's trying to say. ”

He was explaining to Ma and Sha there, and the lawyer opposite him, Mr. Chen, had already begun to present his case to the judge:

"Dear Presiding Judge, our client did get a certain amount of unjust enrichment when it infringed and abused the plaintiff's relevant intellectual property rights in the first place.

But the plaintiff's definition of this unjust enrichment, and the amount of the plaintiff's losses as a result, is completely inconsistent with the facts – as far as I know, the plaintiff's client is morally turbid and has recently become known for the unspoken rules of the media and sex scandals. Therefore, our profits from using the plaintiff's relevant promotional materials are not as much as the plaintiff's publicity, and the presiding judge is invited to take note of this fact......"