Chapter 1046 Won the lawsuit

"Good morning, Lawyer Liu!"

Xiao Wang at the front desk is always the first person to arrive at the company, her first half is half an hour earlier than the others, she has to open the door, clean and wait for others to arrive.

Because of work, she knows very well about the temperament of the company's very poisonous puppets, she knows that Liu Xiaotian has never been late in the first half of the year, and always arrives within five minutes before work, very prepared, but if there is a case to appear in court, he will arrive half an hour early.

There was a case to go to court today, so he came very early again, and was the first person to come to the company besides her.

"Morning!"

Liu Xiaotian responded with a smile, and quickly sat down at the desk to start preparing, it is Boss Zhao's case that will appear in court today, and it is also the one that Lawyer Hu attaches the most importance to among these cases.

Because of the last video data, they temporarily occupy the advantage, as long as they can continue to expand the advantage, there is still a great hope of winning this lawsuit, recovering losses for Boss Zhao and avoiding his bankruptcy.

Lawyer Hu arrived soon, and the two left together, Xiao Wang looked at their backs and was a little envious, and finally sighed to himself.

As a little girl, a little girl who has not yet married, she has some nostalgic thoughts, Liu Xiaotian is good-looking, has a good figure, has a temperament, and has ability, such a person will receive the attention of girls wherever she goes, Xiao Wang is no exception, but she knows herself better and knows the gap between herself and Liu Xiaotian.

Lawyer Hu is also single, and capable, graduated from a prestigious university, and is a partner of the firm, although she is a few years older than Liu Xiaotian, but the two seem to be a good match, very compatible.

Recently, some people in the company have begun to talk about this, Xiao Wang has not participated in the discussion, but I have heard it many times, and many people have said that Liu Xiaotian and lawyer Hu have a close relationship, and it seems that it will not be long before Liu Xiaotian will become one of the bosses of the company.

Every time she heard such a discussion, Xiao Wang's expression was a little gloomy, she buried all these things in her heart, never said it to the outside world, and did not plan to say it to the outside world.

In the courtroom, the two sides have already taken their seats, the judge and jurors are all seated, and unlike last time, the person who sat in the defendant has changed, and it is no longer the manager from last time.

"Your Excellency, my original client has resigned for some reason, and the trust manager who came this time is also my client!" The defendant's lawyer first stood up and explained the reason, and the previous manager had been fired and replaced.

Since Boss Zhao and they are suing Yida Company, the manager is not a legal person, but a representative of the company, although the defendant has not changed now, it is possible to do so.

"Shameless, despicable!"

Lawyer Hu gritted his teeth, the evidence they provided last time was what the manager said, and the manager denied it on the spot, it can already be concluded that he was lying, and the identification results of the video have come out, it is not a forgery, and there is no modification.

Now that the other party has suddenly resigned from the manager and replaced the person, it means that their last heavy punch is no longer effective, or it has become a light punch, because the person who lied is no longer there, and they can't directly blame the other party for their mistakes last time, at most, they can only say that the other party used people inappropriately.

The strong man broke his arm, and in any case, their previous advantage was reduced a lot.

"Plaintiff, please present your new evidence!"

The judge quickly began to speak, they had already reported to the court before, and this time they would have new evidence, so the judge asked them to bring out new evidence.

"Yes, Mr. Judge!"

Liu Xiaotian stood up, took out a dozen materials, and handed them to the judge and jurors.

"This is all the promotions that we have found out from a third-party research company that Yida Sales has carried out in the past year and a half, Yida has sold a total of 12 stores, and there are 20 cooperative stores, a total of 32 stores, and a total of 53 promotional activities have been carried out in the past year and a half, of which there are only 27 activities to reduce the price of products by more than 3 percent in various forms, and there are only six kinds of products in these 27 promotions, all of which are produced by a company and are produced by our client's factory. The defendant has been taking advantage of the loopholes in the contract with my client in terms of activities to make a name for themselves, but the loss is the interests of my client, and my client's company is on the verge of bankruptcy, so we have reason to suspect that the defendant has set a trap for my client before, which is a fraudulent contract, which is a bully clause, which should make the contract invalid and let the defendant compensate my client for economic losses! ”

Liu Xiaotian finished this passage word by word, word by word, and he said it unpleasantly, very clearly, and very clearly.

The judge has already read the investigation report, which is a third-party investigation, notarized by a notary office, which can be used as evidence in court, and it is also credible evidence.

This investigation has wasted a lot of their efforts, and now it seems that the previous hard work has not been in vain, and the brows of the defendant's lawyer have been condensed together.

"Defendant, please explain why!"

"Yes, Your Excellency!" The defendant's lawyer stood up and began to say: "As we all know, we are now a market economy, and the products of the plaintiff are market-oriented, and the promotional activities proposed by the plaintiff are more than three folds, saying that there is only their company's products, and there is no reason at all, and our client's consideration of the promotion of goods is diversified, and the promotion can be carried out if it can open the market and promote sales, and we admit that the plaintiff's products are of good quality and reputation, and such products are more suitable for promotion and more beneficial to the company. Besides, such a promotion, our client company itself also has a loss! ”

"It's true, we don't make a penny every time we promote, and our company accounts can prove it!"

The defendant's manager also hurriedly said, but the defendant's lawyer did not sit down, and continued: "I just read the investigation report provided by the plaintiff's agent, which also says that in the past year and a half, my client has carried out a total of 53 promotions, and he only said that the price reduction is more, but not all, which shows that my client does not only use the plaintiff's products to do promotions, and the proof is not aimed at them aloneI'm done! ”

After the defendant's lawyer finished speaking, he sat down, and Lawyer Hu's brows were already furrowed.

The other party's lawyer is a well-known lawyer from an old law firm, much stronger than a new law firm like theirs, Jiang is indeed still old and spicy, and the evidence they have prepared for so long The other party overturned it with a few simple words.

However, lawyer Hu was not discouraged, the lawsuit is like this, both sides must attack each other's weaknesses, but also defuse the other party's attack, this is just the beginning.

After taking a deep breath, Mr. Hu stood up again and looked at the defendant's seat.

"I objected to the defendant's defender's explanation that the market is not dominated by investigation, but a sales company, a sales company with dozens of various types of products, in the promotional activities, 70% of the products are produced by my client's company, and more than 80% of the promotional benefits are all from the products produced by my client's factory, why is this? According to Articles 127 and 128 of the Contract Law, the two parties to the contract are in an unequal position, and when one party is compelled to act, it can be regarded as an overlord contract, so I sincerely ask Mr. Judge and all jurors to rule that this contract is invalid and let the defendant compensate my client for the losses of 88.3 million yuan caused by the past year and a half! ”

"The objection is valid, please ask the defendant to provide evidence!"

The judge spoke slowly, and Lawyer Hu was a little relieved, at present, the judge's thinking still has some bias towards them, and they have successfully created the image of the victim, which is very important and very crucial to the future judgment.

However, the judge's attitude is not dominant, if you want to win this lawsuit, you must show more evidence to prove that the other party's contract is a real fraud and overlord contract, so as to strive for more benefits for Boss Zhao.

In addition to preparing the following evidence, he also kept observing the other party's expression, and he had noticed that the defendant's manager had been very nervous, his hands were still moving under the table, and there was even a little sweat on his forehead, so he immediately secretly wrote down these findings and reminded them to Lawyer Hu.

The defendant's lawyer did not panic, he was also a veteran lawyer, but the defendant's manager was a little cramped, which was quickly discovered by Lawyer Hu.

After the defendant's lawyer defended himself and spoke to the market again, Lawyer Hu suddenly stood up and asked the defendant's manager, "Mr. Huang, when did you take over the position of manager?" ”

Lawyer Hu's question stunned the manager in the dock, and the manager glanced at the lawyer next to him before replying, "I am the manager who took over five days ago!" ”

"Can you tell us what you did before you took over as manager?"

"This ......" Manager Huang was a little flustered and looked at the lawyer again.

"I object, what work my client did before, it has nothing to do with this case, and the plaintiff's agent is an unreasonable inquiry!"

"No, this is not an unreasonable inquiry, we all know that the agent last time was not this Manager Huang, but Manager Li, who has been dealing with my client, and what Manager Li said before We have been presented to the court as evidence in the last trial, but he suddenly resigned, we have reason to suspect that this is the defendant deliberately let him avoid it, deliberately avoid the last video evidence, so we must ask the identity of this Manager Huang, whether he can really replace the defendant Yida sales!"

Lawyer Hu said slowly, the judge nodded slightly, and said softly: "The objection is invalid, the defendant must answer this question!" ”

The judge did support Lawyer Hu, but suddenly there was a change, not only Lawyer Hu and they rose, but even the judge was disgusted with this behavior, Lawyer Hu had a good reason, she had to know whether the other party had the ability to represent.

Manager Huang was even more flustered, and the lawyer beside him gave him an encouraging look, and then he raised his voice lightly and said slowly: "I was the company's accountant before I took over as manager!" ”

"Accounting? Has Manager Huang been in contact with management on weekdays? Lawyer Hu asked again.

"No, no!" When Manager Huang spoke, he kept looking at the lawyer beside him.

"Then do you know about this overlord contract between my client and your company?" Lawyer Hu stared at him tightly and asked quickly.

"I object, no one can call this contract an overlord contract without a judgment!" The defendant's lawyer was a good man and immediately stood up against it.

"The objection is valid, please pay attention to the wording of the plaintiff's agent!" The judge nodded, but looked at the defendant's manager in the same way.

"Yes, Mr. Judge, does Manager Huang know about my client's contract with your company?"

Lawyer Hu removed the word 'overlord' and asked again, but Manager Huang was even more panicked, first nodding and then shaking his head.

"Do you know, or do you not know?"

"I know ......"

"Do you know the contents of this contract, or do you know that there is a contract in it?" Lawyer Hu pressed forward step by step.

"I know this contract is in place!" Manager Huang has already started to wipe his sweat.

"So, you don't know the details of the contract at all?"

"Yes, that's right!" Manager Huang's tone of voice also became much lower, and the lawyer next to him frowned tightly.

Lawyer Hu didn't look at the manager Huang, but looked at the judge again: "Your Excellency, I have a reason, and I fully believe that the other party's attitude is contemptuous, and unreasonable, an accountant who has never had management experience suddenly became a manager, he doesn't even know the content of this contract, we fully believe that the defendant is just playing another substitution trick, is to shirk the last video evidence, although the manager is no longer in office, but he said those words when he was indeed the defendant's manager, and his words can fully represent the defendant's attitude!" ”

"I'm against it!" The defendant's lawyer stood up again.

"The objection is invalid, the defendant is Yida Sales as a whole, and the previous manager can be regarded as representing your company!"

The judge shook his head slightly, and the stone in Lawyer Hu's heart fell again, as long as this evidence is established, the other party's previous work is useless, and their advantages are more obvious, and the other party in today's trial is only dead deducted the contract and signed, indicating that this qiē is carried out with Boss Zhao's knowledge and his permission.

"We have not denied that our client knows about these situations, but knowing does not mean that we are willing, for the sake of the factory, for the sake of the eight-year cooperative relationship between the two sides, in fact, our client has been compromising until they discover their true purpose!"

Lawyer Hu glanced at Liu Xiaotian, and Liu Xiaotian again produced a copy of the written evidence and video images.

The written evidence was the joint signature of more than 50 employees of Boss Zhao's factory, which proved that Boss Zhao was not willing to pay for the defendant's promotions every time, but the defendant was their main sales company, and there was a contract, and for the sake of the whole company, he could only lose his current interests again and again.

The video data is part of the surveillance video of Boss Zhao's company, which proves that Boss Zhao has opposed this kind of activity every time, but the representatives of Yida Sales Company are more and more arrogant every time, and in the end there is even a forced Boss Zhao to sign, if you don't sign, all the losses will be borne by you.

That's not all, Liu Xiaotian also found several other companies that did business with Yida Sales, and he didn't know how to get their contracts, which were completely different from Boss Zhao's contracts, and their contracts were much more formal.

"Mr. Judge, jurors, I can only say that honest people are bullied, and the defendant Yida Sales took a fancy to my client's honest and loyal character, so he set a trap, first deliberately sacrificing the interests of my client, doing sales promotion for them, and then found that my client's reputation could not be sustained, and wanted to completely annex my client's company, which is a shameful and despicable criminal act......"

"I object, the plaintiff's agent is arbitrarily speculative, and there is no evidence of slander!"

The defendant's lawyer said loudly, and the judge glanced at him and shook his head again: "The objection is valid, the plaintiff should pay attention to the words!" ”

Although the judge denied Mr. Hu's statement, he shook his head at the defendant's lawyer, which shows that he actually agrees with what Mr. Hu said, but the court is a rigorous place, and it will not be dominated by the judge's personal feelings, and he must maintain the order and rules of the court.

Liu Xiaotian discovered all these small details, and secretly sued lawyer Hu.

Lawyer Hu continued to give evidence, and the opposing lawyer also had a deep surprise in his eyes, they did not expect that Lawyer Hu would find so much evidence, and even the testimony of Yida Sales Company's own insiders, which made him extremely passive.

Compared with Lawyer Hu, the defendant's lawyer was not so well prepared, and he still took the fact that Boss Zhao was fully aware of and allowed and recognized the defendant's behavior, and in the face of several accusations by Lawyer Hu, they did not come up with a real explanation.

The trial is finally over, lawyer Hu and the other party have not left, and the verdict will be made today, and the judge and jurors have gone to agree, and the results of the trial will be announced in an hour.

The verdict was about to be pronounced in the two trials, which made Lawyer Hu a little nervous, not to mention Boss Zhao, but Liu Xiaotian was very calm and kept persuading the two.

They've done everything they need to do, they've done their best, and if that doesn't work, there's nothing they can do.

An hour later, the judge and the jurors finally came out, this time even the defendant's lawyers were a little nervous, this time they were very sure, they did not expect the other side to have so much evidence, they ignored the enemy, they ignored this small law firm.

"Hongchang kitchenware ......!"

According to the provisions of Articles 127, 128 and 331 of the Contract Law of the People's Republic of China, the judgment is as follows: 1. The purchase and sale contract signed by the defendant Yida Sales Co., Ltd. and the plaintiff Hongchang Kitchenware is invalid, and 2. The compensation of 88.3 million yuan claimed by the plaintiff is not accepted because there is no detailed evidence, and if the defendant is not satisfied with the judgment......"

"Win!"

Lawyer Hu had a bright smile on his face, and Boss Zhao also looked extremely excited, winning, finally winning, he no longer has to be limited by this damn contract, and his company has new hope.

Liu Xiaotian also smiled, this result was not unexpected, the preparation is so well, and there is so much evidence, it is strange not to win.

It's a pity that the more than 80 million yuan can't be returned, but Boss Zhao is very open to this, it's good not to be restricted by this contract, and it's basically impossible to get back the lost money.

Lawyer Hu and Liu Xiaotian also considered this, anyway, all the promotional activities were signed by Boss Zhao himself, and there is no reason to lose now, such a judgment of the court is completely normal, and it is the most ideal result for Boss Zhao not to be restricted in the future.

If it weren't for this damn contract, Boss Zhao's factory might have gone to another level, and now he has to go back to more than a year ago and start again, but with this lesson, Boss Zhao will be more cautious and careful, and I believe he will not make the same mistake again.

The defendant did not appeal, which was somewhat unexpected by Ms. Hu, who also thought that the defendant would appeal in court.

Liu Xiaotian has some understanding of this, the existing evidence is very sufficient, even if the appeal is very likely to uphold the original verdict, there will be no retrial, such an appeal is meaningless, the other party is a barrister, they have seen this lawsuit very thoroughly, knowing that the appeal result will not be very good, they will not rashly appeal.

As for whether Yida will appeal after the sale, Liu Xiaotian didn't think too much about it, if they appealed, the lawsuit would continue, but during this period, the contract was invalid and could not continue to bind Boss Zhao.

"Thank you, thank you so much!"

At the door of the courtroom, Boss Zhao bowed deeply to Lawyer Hu and Liu Xiaotian, he knew very well that the two lawyers had paid in this case, and the evidence was the crystallization of hard work, and it was because of so much evidence that they finally won the lawsuit.

"This is what we should do, Boss Zhao can find us at any time if he has anything in the future!"

Lawyer Hu helped him up, and Boss Zhao seemed very emotional, he was not looking for Lawyer Hu at the beginning of this case, but looking for some big law firms, but they were not optimistic, and finally fell into the hands of Lawyer Hu.

Facts have proved that hard work will pay off, and he did not find the wrong person, a small law firm does not mean that it will not work, and this lawsuit is equivalent to a slap in the face of those big law firms.

Liu Xiaotian also believes that after this case is spread, their firm's reputation and status will be greatly improved, and there will be more cases in the future, and they will be busier in the future.

Lawyer Hu also glanced at Liu Xiaotian, she knew very well that if Liu Xiaotian had not worked hard to find evidence, even if this lawsuit could have been won, it would not be now, let alone so easy, this case said that she was in charge, but most of the credit belongs to Liu Xiaotian, this is a real talent, or a very good talent, she is also very lucky. Real explanation.

The trial is finally over, lawyer Hu and the other party have not left, and the verdict will be made today, and the judge and jurors have gone to agree, and the results of the trial will be announced in an hour.

The verdict was about to be pronounced in the two trials, which made Lawyer Hu a little nervous, not to mention Boss Zhao, but Liu Xiaotian was very calm and kept persuading the two.

They've done everything they need to do, they've done their best, and if that doesn't work, there's nothing they can do.

An hour later, the judge and the jurors finally came out, this time even the defendant's lawyers were a little nervous, this time they were very sure, they did not expect the other side to have so much evidence, they ignored the enemy, they ignored this small law firm.

"Hongchang kitchenware ......!"

According to the provisions of Articles 127, 128 and 331 of the Contract Law of the People's Republic of China, the judgment is as follows: 1. The purchase and sale contract signed by the defendant Yida Sales Co., Ltd. and the plaintiff Hongchang Kitchenware is invalid, and 2. The compensation of 88.3 million yuan claimed by the plaintiff is not accepted because there is no detailed evidence, and if the defendant is not satisfied with the judgment......"

"Win!"

Lawyer Hu had a bright smile on his face, and Boss Zhao also looked extremely excited, winning, finally winning, he no longer has to be limited by this damn contract, and his company has new hope.

Liu Xiaotian also smiled, this result was not unexpected, the preparation is so well, and there is so much evidence, it is strange not to win.

It's a pity that the more than 80 million yuan can't be returned, but Boss Zhao is very open to this, it's good not to be restricted by this contract, and it's basically impossible to get back the lost money.

Lawyer Hu and Liu Xiaotian also considered this, anyway, all the promotional activities were signed by Boss Zhao himself, and there is no reason to lose now, such a judgment of the court is completely normal, and it is the most ideal result for Boss Zhao not to be restricted in the future.

If it weren't for this damn contract, Boss Zhao's factory might have gone to another level, and now he has to go back to more than a year ago and start again, but with this lesson, Boss Zhao will be more cautious and careful, and I believe he will not make the same mistake again.

The defendant did not appeal, which was somewhat unexpected by Ms. Hu, who also thought that the defendant would appeal in court.

Liu Xiaotian has some understanding of this, the existing evidence is very sufficient, even if the appeal is very likely to uphold the original verdict, there will be no retrial, such an appeal is meaningless, the other party is a barrister, they have seen this lawsuit very thoroughly, knowing that the appeal result will not be very good, they will not rashly appeal.

As for whether Yida will appeal after the sale, Liu Xiaotian didn't think too much about it, if they appealed, the lawsuit would continue, but during this period, the contract was invalid and could not continue to bind Boss Zhao.

"Thank you, thank you so much!"

At the door of the courtroom, Boss Zhao bowed deeply to Lawyer Hu and Liu Xiaotian, he knew very well that the two lawyers had paid in this case, and the evidence was the crystallization of hard work, and it was because of so much evidence that they finally won the lawsuit.

"This is what we should do, Boss Zhao can find us at any time if he has anything in the future!"

Lawyer Hu helped him up, and Boss Zhao seemed very emotional, he was not looking for Lawyer Hu at the beginning of this case, but looking for some big law firms, but they were not optimistic, and finally fell into the hands of Lawyer Hu.

Facts have proved that hard work will pay off, and he did not find the wrong person, a small law firm does not mean that it will not work, and this lawsuit is equivalent to a slap in the face of those big law firms.

Liu Xiaotian also believes that after this case is spread, their firm's reputation and status will be greatly improved, and there will be more cases in the future, and they will be busier in the future.

Lawyer Hu also glanced at Liu Xiaotian, she knew very well that if Liu Xiaotian had not worked hard to find evidence, even if this lawsuit could have been won, it would not be now, let alone so easy, this case said that she was in charge, but most of the credit belongs to Liu Xiaotian, this is a real talent, or a very good talent, she is also very lucky.