Chapter 46: The Kota Case (I)

Ms. Shi put down the documents in her hand and continued: "That's the case, the problem is that after the contract was signed, our company A put the production line into the factory of Taiyuan B company in accordance with the contract, but the funds of Taiyuan B company were in arrears for a long time before a part of them were in place...... I don't think they have the sincerity to cooperate, they always give us problems, and we have hardly made any money in the past two years. My husband now wants to get the equipment back from the factory, but we can't afford it, and we can't afford it. We want to go to court against them through legal means. ”

I tried to summarize her straightforward words: "What you mean is that due to the lack of sincerity in cooperation of Taiyuan Company B, and the continuous setting up of barriers to cooperation, the production line of your company A has not gained any benefits in the past two years. At this time, in order to legally recover the production equipment and try to avoid greater economic losses, your company A would like to seek to entrust a lawyer to resolve the case through legal channels? ”

Ms. Shi looked at me with surprise and a little admiration, and nodded frequently, "Ah, yes, that's the case." ”

"Do you have any evidence of the other party's lack of sincerity in cooperation? For example, the bills you said were in arrears, related procedures, and so on. ”

"My husband kept it early in the morning, but I didn't bring it today, I came in a hurry, and I don't know what information to bring." Ms. Shi continued very frankly: "Lawyer Qin, I hit it off with you at first sight, I might as well give you an explanation." My husband and I have never dealt with you lawyers before, and I also heard that Nakamichi is famous, so I came to you here. Because of this, we are busy every day, so I went separately with my husband to investigate. ”

Zhongdao's fame in the industry successfully attracted Ms. Shi's attention, which led to today's meeting, which is not new. "In this case, Ms. Shi, you go back and discuss with your husband, this is our Zhongdao Law Firm entrustment agreement, you can take it back for consideration. At your own discretion, if you choose to entrust me as your lawyer, I hope that in addition to signing the entrustment agreement, you and your husband will come together next time we meet and bring the relevant procedures and certificates that are needed. "I've got the legal terms at my fingertips to increase my chances.

In this way, Article 94 (2) of the Contract Law of the People's Republic of China stipulates that if one of the parties clearly states or shows by its own conduct that it will not perform the main debt before the expiration of the performance period, the other party may terminate the contract; Paragraph (4) stipulates that if one of the parties delays the performance of its obligations or commits other breach of contract and fails to achieve the purpose of the contract, the other party may rescind the contract. Article 97 of the Contract Law stipulates that after the contract is terminated, if it has not been performed, the performance shall be terminated; If it has already been performed, according to the performance and the nature of the contract, the parties may request restitution, take other remedial measures, and have the right to claim compensation for losses. In addition, Article 28 of the Contract between the two parties stipulates that: "If the contract cannot be performed due to force majeure, or because the joint venture production department has suffered losses for consecutive years and is unable to continue to operate, the joint venture period and the contract may be terminated in advance with the unanimous approval of both parties." If the parties are unable to agree on the termination of the contract, either party may settle the matter by litigation'. ”

The long legal clauses were well organized and eloquent in my mouth, and I was amazed enough in Ms. Shi's eyes, and her gaze shone infinitely brightly at me. She said excitedly: "Lawyer Qin, I can't see it, you are not very old, you are really professional, and your eloquence is really good." Don't worry, I will convince my husband to let you be our lawyer. ”

I politely smiled and habitually introduced the price of my law firm to Mrs. Kuo: "Ms. Shi, I have to explain the fee clearly, the agency fee is 3,000, if it involves the subject matter ......of the dispute, I will personally withdraw 3% from the amount of the subject matter of the dispute, and you can go back and think about it clearly."

"What is the subject of the dispute?"

“……”

Of course, before I officially take over, I will not give a clear and effective way to deal with it. At the end of bidding farewell to Ms. Shi, I sent the entrustment agreement to her, and she enthusiastically asked me again: "Xiao Qin, don't worry, I have the final say in our family, and this entrustment agreement will be signed." ”

I watched as Ms. Shi grabbed my hand and stayed in the air for a long time, she smiled awkwardly, and I smiled politely. "Lawyer Qin, I will definitely come to you again, don't worry." In order to alleviate the embarrassment, she kept chattering. I sent her all the way out of the office area in the middle of the road, and only then did I retract the smile that had been stalemate for a long time.

Coincidentally, when I was having dinner and chatting with Zhang Zheyi that night, I found that the case he received at hand was exactly the same as the one I received. I further verified with him, and it turned out that the lawyer sought by the owner of Company A was Zhang Zheyi. This circle is already small, and it is not new for two lawyers to have one client. As soon as Zhang Zhe told me that the boss of the company had the obvious intention of entrusting him, he almost signed it. His words are conclusive, and his feelings are earnest, and I should chat with Kuotai for free and work in vain. Of course, I didn't have to tell him that his boss's wife had contacted me.

He turned to me and complained: My girlfriend and I have been dating since college, and we have reached the point of talking about marriage, but we have not yet come up with the money to buy a wedding house. For this reason, my wedding date has been postponed again and again. I am in dire need of this kind of case involving property disputes, where I can get an additional fee for the commission of the amount of the subject matter of the dispute.

I thought he meant to borrow money from me, but he insinuated and didn't want to say it explicitly. He didn't mention it for the sake of face, and I didn't have any reason to take the initiative to find out. Actually, as long as he asks, I can lend him money, and I have some money on hand at the moment.

Two days later, Ms. Shi personally took her boss's husband to visit my office in Nakado, and when she handed me back the signed entrustment agreement, I was at a loss. "Lawyer Qin? Lawyer Qin? It took Ms. Shi's continuous shouting to bring me back from my stunnedness.

"This is my husband, Wang Lei, and the general manager of Company A." Ms. Shi introduced to me.

"This is the Qin Yuan I mentioned to you, Lawyer Qin." Ms. Shi introduced to Wang Lei.

"Hello, Mr. Wang." I politely greeted and warmly stretched out my hands, in exchange for Wang Lei's disdain. "Ah...... You may be seated. I motioned for the two of them to sit down to ease my embarrassment.

I glanced at the entrustment agreement and confirmed that it was correct. I clearly noticed that Ms. Shi was pulling her face and giving Wang Lei a look.