Chapter 47: The Case of Kota (Part II)
"Oh, Ms. Shi, did you bring the relevant formalities and certificates I want?"
"It's all here, please take a look." Ms. Shi politely offered her hands, and Wang Lei drooped her face.
I took the materials, and then personally prepared a pot of good Tieguanyin for the two of them. This pot of good Tieguanyin was brought back from the south by Yin Huituo's friend along with a set of purple sand tea sets, and she said that we need to keep a clear head at all times to do our lawyer's business, and drinking tea is a suitable choice.
"The two of you are slowly sipping tea, please wait a moment, I will study the materials you sent in detail, and then give you an answer."
……
The two of them sat in the guest seat, and I sat back at the desk on one side to check the information, although there was a small episode of Zhang Zheyi, but after all, work is work, and the minimum professionalism of a practicing lawyer must be maintained. I devoted myself to studying the case materials, and occasionally I heard the two of them talking to each other.
"What's so good about this middle way? Big law firms have large shelves, high fees, and not necessarily high levels of competence. Wang Lei said angrily.
"Can you stop talking nonsense, it's all here, do you want me to not get off the stage?" Ms. Shi lowered her voice and said.
"Can you do it with such a hairy guy? As the old saying goes, you can't do things well without hair. Don't think I didn't see it, did you fall in love with this little white face? ”
"You're bloody, you! Lawyer Qin is young and promising, what's in your way? Gave you face, didn't you? Let's go home and talk about it, in front of outsiders...... Drink your tea! I can trust Lawyer Qin, let's see. ”
……
I simply kept my ears shut and proceeded with my work step by step, returning my attention to the case itself. I spent an hour reviewing all the case file materials in detail, and while the two of them drank tea, I wrote out professional legal opinions by hand, sorted them out, and typed them in two copies.
I walked in front of the two of them, and the legal opinion was handed to the two of them, one for each person, and I looked at my handwritten notes, and said calmly: "I probably collected, organized, and summarized, do you see it?" Since the beginning of the cooperation between the two of you, Taiyuan Company B has monopolized the management rights and financial rights of the supporting headphones and data cables, and the supervisor selected by your company A has been completely empty; After the supporting headset and data cable were put into production, Taiyuan Company B, which controlled all the income of the production department, refused to settle the account on a monthly basis and return the investment on a monthly basis as agreed in the contract, and even refused to provide the monthly financial income statement to your company A, which shows that the basis for cooperation between the two parties has long existed; Furthermore, Taiyuan Company B disregarded the opposition of your Company A and replaced the core equipment without authorization; Finally, in order to embezzle the profits of the production department on its own, Taiyuan Company B even provided false financial statements to your company A. The series of breaches of contract of Taiyuan Company B continued to escalate, and finally made your company A unbearable, and the cooperation between the two sides finally broke down. It can be seen that in the whole process of cooperation, Taiyuan B Company constantly showed that it did not perform the main obligations agreed in the contract by its own behavior, and its increasingly violent breach of contract eventually made it impossible to achieve the contractual purpose of jointly generating profits between the two parties. ”
With the manuscript as the support, my speech was completed in one go, and I secretly paid special attention to Wang Lei in my heart, and I clearly saw Wang Lei's expression change from contempt to stunned. Ms. Shi's eyes still shone with a little light, even though she had long passed the age of nymphomania.
I made a slight adjustment, and then said: "So far, your company A's production equipment worth more than 3 million yuan has been invested for more than two years, but not a penny of return has been recovered, and the machinery and equipment are still depreciating day by day, so it has suffered huge economic losses; At the same time, Taiyuan B Company's above-mentioned serious breach of contract and insincere attitude made it difficult for the two parties to cooperate, resulting in the purpose of the contract being impossible to achieve at all. ”
I patiently explained word by word: "So far, I have drawn up the following agency plan for your company A, and you have listened carefully: first, I request an order to terminate the contract between Hohhot Company A and Taiyuan Company B signed by the two parties on February 8, 2011; Second, it requested that the defendant be ordered to return to the plaintiff all the production equipment (all production equipment valued at RMB 3,500,700) that the plaintiff had invested in the production department of the joint venture supporting earphones and data cables of Taiyuan B Company; Thirdly, the defendant was requested to pay the plaintiff a total of RMB 580,000 in profits from the joint venture headset and data cable production department before November 30, 2013; Fourth, the litigation costs of this case shall be borne by the defendant. ”
My gushing statement made Wang Lei finally unable to sit still, and the doubt in his eyes was swept away. Especially when I estimated that the defendant would pay 580,000 yuan in economic compensation to the plaintiff according to the relevant regulations, the eyes of the two people were shining. They immediately agreed to follow my instructions as their request for the lawsuit. "Okay, okay, just do as you say, we believe in you, Lawyer Qin, everything is entrusted to you."
Subsequently, Wang Lei and Ms. Shi consulted me on the details of the lawsuit, just like two students who listened carefully. Wang Lei's previous goal was only to get back the equipment he had put in, and he himself did not consider that he could recover additional financial compensation in this case. Although in the eyes of ordinary people, I can get a commission on the 580,000 disputed subject matter and the cost is expensive, but for Wang Lei, this is a windfall, and he readily accepts it.
At the same time, in response to this litigation request, I applied to assist Company A to seek evidence of serious breach of contract and other relevant evidence in Taiyuan Company B, which was quickly approved by the law firm.
Hearing that I was going to work in other places, Shen Qian asked the dance troupe for leave and went to Taiyuan with me. Of course, I was tired of work during the day, and Shen Qian didn't have a lot of fun. Before going back to the hotel in the evening, I bought an Apple iPhone 5S that had just been released in China at that time to please her.
"Sissi, the gift I gave you is compensation for not being able to accompany you these days, don't be angry with me. Do you like it? ”
"Well, I've wanted to get a new phone for a long time, hey, it's still the latest, it's pretty much the same." Shen Qian kissed my cheek happily.
"Where did you go during the day? Have fun? ”
"I don't know the way to play alone, but I went to the mall in Willow Lane. I heard from the taxi master that Liuxiang is one of the four major night markets in China, along with Wangfujing in Beijing, Nanjing Road in Shanghai, and Chunxi Road in Chengdu. Oh, and by the way, I bought you a new shirt that you can try to fit and wear instead. ”
Shen Qian took out a brand-new shirt from four or five large bags and handed it to me, and I tried it on while telling about this little episode between me and Zhang Zheyi. "Actually, the case I'm handling now can be regarded as indirectly prying from Zhang Zheyi's hands......"