Chapter 1041: Domestic Violence

The presiding judge and jurors appeared in the trial room on time, and the lawsuit began in earnest.

This is Liu Xiaotian's second court appearance in the law firm, and it is precisely because he did a very good job in the first court that lawyer Hu took him to fight this important lawsuit this time.

"Mr. Judge, jurors, my client was originally just an honest and stable businessman, running his own factory, his factory and the defendant Yida Sales Company have a cooperative relationship for eight years, and has always provided them with sound field products with the best quality and the lowest price, but the eight-year cooperation did not make the other party have any gratitude, on the contrary, they used the contract fraud to deceive my client and put my client in danger!"

Lawyer Hu stood up first and said slowly, her tone was high and low, which drove the atmosphere very well, and Boss Zhao's red eyes easily attracted the sympathy of others.

"I'm against it!"

The opposing lawyer also stood up and said loudly to the judge: "Mr. Judge, I object to the slanderous remarks of the plaintiff's agent without evidence, my client has indeed cooperated with the plaintiff for eight years, but there is absolutely no contract fraud, and my client has always been a law-abiding legal businessman!" ”

"The objection is valid, please pay attention to your words!"

"Yes, Mr. Judge!"

Lawyer Hu nodded, although the other party successfully refuted it at the beginning, but she didn't care about it, this situation was also what they thought of when they conducted the court deduction in advance, and the reason why they said this was to create the first impression that they were victims to the judge and jurors.

"Your Excellency, this is the contract signed between my client and the defendant, the contract stipulates that the payment is calculated based on the sales situation, and the final sales amount is used to determine the amount of payment, but the contract does not explain that the defendant uses promotions, discounts and other price reduction activities to calculate the payment, and the defendant has not notified my client in advance of each promotion, discount, etc., resulting in the delay of each payment of their payment, and the amount is insufficient, even less than the cost price. According to the 2233 revised edition of China's "Contract Law", the final interpretation of the overlord contract by 216 jumps, I and my client implore the court to invalidate this contract, and the defendant compensates my client for more than a year for insufficient sales, according to the list of goods of both parties for more than a year, the defendant needs not to be long 88.3 million goods! ”

Mr. Hu proposed the Contract Law, which does have such a clause in the Contract Law, which violates subjective intent, and is obviously unreasonable, which can be regarded as an overlord clause, and the contract can be invalidated and compensation can be claimed.

Mr. Hu is a master of law and is very familiar with these basic regulations, so he directly moved out this provision of the contract law in court.

Liu Xiaotian has not spoken, he has been quietly looking at Lawyer Hu and the defendant, the lawsuit is not so easy to fight, it is impossible for them to agree to this lawsuit because of this, otherwise Boss Zhao would not have to drag on for so long, and even others are unwilling to take this lawsuit.

Lawyer Hu himself never thought that he could win in this way, just like two martial arts masters have made a move, there must always be an attack and a defense, she is now equivalent to the attacking side, testing the other party's reaction.

"I'm against it!"

The defendant's lawyer stood up again and quickly began his case.

According to him, there is no overlord clause in this contract, and the two parties agree to settle the payment according to the sales volume and sales of the goods, and the provisions are clearly explained, and his client does not deduct the payment for the goods at one time and does not pay for the goods.

As for the promotions and discounts, his client had notified the plaintiff in advance each time, and each time he had gotten the other party's approval, and he also provided the signature of Boss Zhao for each previous agreement to the promotion and discount.

This is the cleverness of the other party, every time there is an activity, I will sue Boss Zhao, at the beginning said that this is also an opportunity to start the brand of Boss Zhao, at first Boss Zhao didn't care, there have been such activities, so I signed, but I didn't expect that the other party has been doing promotions, discounts and other activities, and even free as a prize.

According to the new contract, the final payment is determined by the sales volume, which causes their payment to be less and less, slower and slower, and even not enough to make the situation that Boss Zhao's business is becoming more and more difficult, and the factory is becoming more and more difficult.

"This is a third-party report, according to this report, the plaintiff's 'Hongchang Kitchen' is already a well-known brand in China, and the brand value has increased by 37% compared with before, which shows that the plaintiff is also a beneficiary, which is a win-win situation for both parties, so our contract does not have any overlord clauses, nor has there been any fraud, the plaintiff is now dissatisfied with the existing contract with my client because of the brand rise, they want to get more benefits, this is untrustworthy, no integrity of the table!"

The defendant's lawyer took out another investigation report, which was a report made by a special investigation company entrusted by them and a notarized report by a notary office, which was true and reliable.

This report shows that the kitchenware produced by Boss Zhao has indeed improved a lot of brand image and value in more than a year, and he has indeed benefited, which is also the evidence that the defendant has prepared in shock, with the signature of Boss Zhao, which proves that he is aware of the promotion and agrees, and the report of brand promotion is enough to show that he has gained and benefited.

As soon as these two pieces of evidence were laid out, the judge and jurors all looked at Lawyer Hu and Liu Xiaotian.

Lawyer Hu stood up, moistened his throat, and continued: "My client has never denied that the brand value has been improved, but the brand value is not directly related to the overlord clause, and every time my client signs it, it proves that there is an overlord clause in this contract, if he does not sign, it is equivalent to not agreeing with the promotion, and the defendant can refuse to pay in a fair and open manner, but it is my client's compromises again and again that make them have an appetite, and they have recently begun to think about annexing my client's company. If my client's company goes bankrupt and falls into their hands, it means that these enhanced brand values become their own! ”

"I'm against it!"

The defendant's lawyer stood up again: "Mr. Judge, the plaintiff's attorney's instructive speech with speculative words is an insult to my client, they are slandering and slandering my client, and they have no evidence to prove that my client has ever wanted to annex their company!" ”

"Plaintiff agent, please pay extra attention to your words!"

The judge issued another warning to Lawyer Hu, who glanced at Liu Xiaotian, who nodded slightly and stood up.

"Mr. Judge, jurors, we are not slandering or slandering them, it is true, I beg to submit a copy of the video evidence, Mr. Judge and the jurors will know if they have seen it!"

Liu Xiaotian took out a small computer, which had its own projection equipment, and directly projected an image, in which Boss Zhao and the manager of the defendant company sitting in the defendant's seat appeared.

Although Boss Zhao is a real person, he is not particularly stupid, and the last time he took his secretary to negotiate, he secretly put a secret recording device and recorded all their conversations, which also became an important evidence.

The arrogance of the defendant's manager, and what he said, were all shown on the video, and the defendant's lawyer looked at their client in amazement, saying that he had said such things and that the other party had such evidence in their hands.

Although this evidence cannot directly prove that the contract contains an overlord clause and cannot directly invalidate the contract, it at least makes people understand that the defendant really has another purpose, and what the plaintiff said just now is not speculation, but facts.

"It's not true, they faked it, they must have faked it on purpose!"

The defendant manager looked a little flustered, obviously this qiē was also beyond his expectations, he hurriedly distinguished loudly, and the defendant lawyer shook his head again and sighed slightly.

Such evidence will not be forged, because this is not direct evidence to prove that the contract is invalid, not to mention that the falsification of evidence violates the criminal law, and they will be sentenced if they don't get it, even if the plaintiff falsifies the video, the other party's lawyer will also conduct a discretionary appraisal, and since they dare to take it out, it has been proved that it is true.

"Whether it's a forgery or not, we have our own appraisal conclusions, defendant, did you say these things?"

The judge also shook his head slightly and asked the manager in the dock.

"No, I definitely didn't say that!" The defendant hurriedly shook his head, and a smile appeared on the corner of Lawyer Hu's mouth.

He even denied that things were already developing in their favor, and as long as this evidence proved to be not forged but true, it was tantamount to saying that the defense had lied, and it would be difficult for their subsequent words to be believed, including the jurors and judges subjectively leaning towards them.

This is equivalent to saying that they have already won half of the lawsuit, and then as long as it is proved that the other party's purpose was not simple from the beginning, it was enough to set up a contract trap and deliberately lure their client to be fooled, as long as these facts are established, they can claim contract fraud and contract invalidity, and they can claim compensation.

"Quiet!"

The judge shouted loudly, Liu Xiaotian had already submitted the evidence, the court had a special appraisal agency to identify the video, and then they continued to refute the contract.

Both sides cited a number of examples, and the defendant's lawyer bit Boss Zhao to death, knowing that there was no fraud, that the contract was signed in a bright and open situation, and that there was no threat to deny Lawyer Hu's evidence.

With the help of the previous video evidence, a large amount of evidence was adduced, including the production of Boss Zhao's factory, their production was extremely standardized, and Boss Zhao was very good to the workers, and they have been fulfilling the contract with Yida Sales Company, even if the other party deliberately used the contract loopholes to rectify them, they never said that they would stop supplying to Yida Sales Company, and because of this, most of the top products they produced were sold cheaply by Yida Company. As a result, other companies gradually stopped taking goods from them, causing a difficult situation in front of them.

The whole morning was spent in a war of words, Liu Xiaotian was very good, when lawyer Hu was tired, he would always stand up, and he not only gave examples of facts, but also cited a number of laws and regulations in their favor, such as the 'Enterprise Law' and the 'Civil Procedure Law', which made the opposing lawyer a little overwhelmed.

The trial ended in the morning, and the trial was held again on a later date to continue the trial, but judging from the table in the morning, they had already taken the advantage, and the other party was a little scrambling, and it was very difficult to respond.

"Lawyer Hu, Lawyer Liu, thank you so much!"

At the door of the court, Boss Zhao excitedly held the hands of the two of them, constantly grateful.

The case wasn't over yet, but at least it was off to a good start, and the two lawyers did put in a lot of work and found a lot of things that he hadn't thought of before, which were of great use to him.

For example, in the "Enterprise Law" cited by Liu Xiaotian in the morning, there are two articles mentioned in the protection regulations for small and medium-sized enterprises, enterprises should maintain an equal status in the relationship between supply and demand, and enterprises can raise their own objections to the oppressive party, which is protected by law.

This time it was a contract lawsuit, but the other party was oppressive to them, and the judge would also consider this carefully.

"Xiaotian, it's very good!"

On the way back, lawyer Hu praised Liu Xiaotian, Liu Xiaotian's preparation was more adequate than she thought, and they were all extremely useful things.

"Thank you, Mr. Hu, for your help, I have learned a lot during this time!"

Liu Xiaotian smiled and shook his head, his modest words made Lawyer Hu appreciate it even more, she found more and more that the company's new trainee lawyer was very good, a talent, and good-looking, temperamental, this time the company can recruit such a person is also a blessing for the company.

For a young man with a good temperament and good looks like Liu Xiaotian, any woman will have other ideas, and Lawyer Hu is no exception, but Lawyer Hu knows very well that she is three years older than Liu Xiaotian and has been engaged, so she has no possibility at all, so she just admires Liu Xiaotian purely.

Back at the company, Mr. Hu affirmed Liu Xiaotian's cousin again, and said that when the lawsuit was won, he would definitely be given a generous bonus as a reward for him.

The claim for this lawsuit has reached more than 80 million, and the current price has been inflated a lot compared with before, and after several currency reforms, the current more than 80 million is probably equivalent to more than 8 million in Liu Yiyang's era, which is also a large amount.

Since lawyer Hu has already said it, when the lawsuit is won, this bonus will definitely not be missing Liu Xiaotian, which makes the rest of the company very envious.

There is only one person who really doesn't envy, that is Zhou Qiang, this guy is still thinking about Chen Bing in his heart, as soon as Liu Xiaotian came back, he was entangled, he didn't come to ask for leave in the morning, he just went to Chen Bing's hospital, but unfortunately he couldn't see Chen Bing there, let alone get any response.

"Xiaotian, congratulations!"

As soon as Liu Xiaotian sat down, Zhou Qiang came over and first congratulated him with a smile.

"Thank you!"

"Xiaotian, is there something wrong at night, can you do me a favor if you have nothing to do?"

Seeing that Liu Xiaotian was busy with his own work, Zhou Qiang said something again, Liu Xiaotian looked up at him lightly, then shook his head and said: "If there is something at night, don't think I will help you make an appointment with my sister, I can't make an appointment, if you want to make an appointment, go by yourself!" ”

Zhou Qiang went to kill in the morning, Chen Bing had already called him at noon and said it, and now as soon as Zhou Qiang opened his mouth, he understood the other party's intentions, how could he agree to this kind of thing.

They experience mortal life, but it is not that he helps mortals chase his sister, and he also knows very well that his sister will never take a fancy to such a mortal, let alone do such useless work.

"Don't, you know that I don't know her well, I don't have to rely on you, filial piety, you just send kindness and help my brother with this favor, and my brother will be grateful in the future!"

Zhou Qiang hurriedly made another edit, and then beat his back, pinched his legs, and nodded next to Liu Xiaotian.

"Mr. Liu, are you free?"

Xiao Wang came over in time, a woman in her thirties came to the company, and wanted to find a lawyer to ask some questions, Xiao Wang happened to see Liu Xiaotian being entangled by Zhou Qiang, and immediately came to help him solve the siege.

Generally speaking, when the company comes to an important guest, it is Mr. Hu and another partner who receive it in person, and the general guest is received by another formal lawyer, and there are very few paralegals and trainee lawyers, but there are special cases, that is, customers who obviously do not seem to be special, and very ordinary customers, trainee lawyers can also receive them.

It's a pity that this is a common problem of many law firms, they don't refuse to receive, nor do they violate their principles, not to mention that the guest didn't name which lawyer to find, and the trainee lawyer is also a lawyer, so he can naturally accept consultation.

Liu Xiaotian quickly took the customer to the reception room, Xiao Wang also helped make tea, and Zhou Qiang could only wait helplessly outside, waiting for Liu Xiaotian to come out.

"My name is Liu Xiaotian, and I am a trainee lawyer here, may I ask your surname?"

Today's Li Xiaotian, no matter what he looks like, is no different from a mortal, he can't see any problems at all, he hides it very well in the mortal world.

Liu Yiyang was also very pleased, he didn't expect his son to let go of Yiqiē and live with the lowest status mortal, which was also an accident and a surprise for him.

Liu Yiyang's divine consciousness has expanded many times, and it is still extending, but this will stop him paying attention to the rest of his divine consciousness, all his attention is on Liu Xiaotian, Ouyang Xuan, and them, watching his wife and children live in the secular world.

Even if they can't be together now, at least it's good to be able to watch them, which is a kind of happiness.

"You, you're an intern?"

When the woman heard Liu Xiaotian's introduction, she obviously had a trace of suspicion, Liu Xiaotian nodded lightly, and said slowly: "Sister, don't worry, although I am an intern, I am also a lawyer, if I can't solve your problems, I will naturally report these problems, if you have any problems and difficulties, just sue me!" ”

After listening to Liu Xiaotian's words, the woman nodded slightly and said softly: "I, my name is Liu Fei, my husband beat me, I want to sue for divorce!" ”

"Domestic violence, divorce?"

Liu Xiaotian immediately understood the meaning of the woman in front of him, in fact, Liu Xiaotian guessed this aspect as soon as she came in, he has not been in the company for a long time, but he has also seen a few people who came to inquire about the divorce lawsuit, and the current divorce rate is only higher than before.

However, the problem of domestic violence is a bit strict, the state has revised the regulations several times, and the restrictions on domestic violence are becoming more and more strict, and some domestic abusers are not only at an absolute disadvantage in divorce lawsuits, but also may violate the criminal law and then be sentenced.

Seeing that Liu Xiaotian didn't speak, the woman slowly lifted the clothes on her arms, and immediately revealed a piece of blue and purple skin underneath.

The woman was dressed very ordinary, and she looked a bit like someone from a small city, but the injuries on this body were real, and they were very strict, Liu Xiaotian's eyes immediately narrowed, and he stood up and walked to the woman's side.

The bruises and purple marks, coupled with the pitiful appearance of the woman, can easily attract sympathy, Liu Xiaotian already has anger in his heart, this is the first anger he has felt after integrating into the mortal world, and it is also the first time he has seen a woman who has been beaten.

Mortals are not gods, their bodies are very fragile, and the injuries often take many days to go away, and the scars on this woman's body are very similar to whip marks, it is hard to imagine anyone who is so ruthless to do such a cruel hand to a weak woman.

"Ms. Liu, don't worry, your husband's domestic violence will not end well, our law firm will seek justice for you, is there any other place on your body that is injured?"

Liu Xiaotian said solemnly, Liu Fei was stunned, and then nodded, but lowered his head again, as if there was something unspeakable.

Liu Xiaotian looked at her appearance, and soon showed a sudden revelation, he asked Liu Fei to wait for him here, and quickly invited Lawyer Hu over, Lawyer Hu was reluctant to take such a case at first, she had more than one case on hand from Boss Zhao, there were other cases, and she was busy, and this kind of divorce lawsuit could be handed over to others.

But after listening to Liu Xiaotian say that the woman was beaten, she immediately rushed over, women have sympathy, she is no exception, after she checked Liu Fei's injuries alone, her eyes were red when she came out, and she also asked Liu Xiaotian to take her to forensic medical examination immediately, and continuously promised that she would help her sue the damn man to death, let him go to prison, and sentence.

Such domestic violence, once the forensic identification is made, the fate of the husband can be imagined, in addition to the sentence, the assets of the two will not be divided equally, and the woman will get most, or even all.

This is also Lawyer Hu's assurance to her, lawyers rarely say so deadly, this will Lawyer Hu is also infected by the woman's injury, some emotional, Liu Xiaotian also sympathizes with Liu Fei, but fortunately he is still in a state of sanity and did not say anything promised.