Chapter 251: Successive Critical Strikes: Divorced, I'm in debt?
No surprises.
Shen Qing used his first killer feature.
The appearance of these videos instantly made Wang Xiaoxiao, who was originally fearless, change his face suddenly.
Something went wrong.
And it's a fatally big problem.
was even more panicked, but it was Ma Xiaorong who was a witness.
Ma Xiaorong doesn't know much about the law, but she also knows that perjury violates the law, even a crime, and now she is completely out of proportion when she is taken out of stone hammer evidence on the spot.
Compared with the two of them, Yang Keyu, as a professional lawyer, is completely numb.
She didn't even need to look at Shen Qing's evidence and rebuttal, just Wang Xiaoxiao and Ma Xiaorong's reactions, everything was directly understood.
Her biggest reliance, Ge Huaixin's cheating evidence and witness testimony, turned out to be fake.
Before this, Yang Keyu also specially found someone to identify the photos provided by Wang Xiaoxiao, and also asked Wang Xiaoxiao many times to verify the facts, and even talked to Ma Xiaorong, but he did not think about this aspect at all.
All of this is fake.
This Nima ......
Even if Yang Keyu's self-cultivation has always been very good, and he often considers himself a high-tech person, he can't help but have the urge to scold at this moment.
If it weren't for the court now, Yang Keyu would even want to throw the document in his hand on Wang Xiaoxiao's face.
As the lawyer you paid for, why do you trust me so much?
With the emergence of this situation, the initiative that was originally in control is gone, but ...... Now it's not just a question of being passive or not.
She doesn't know if Wang Xiaoxiao has anything else to hide from her, if so, then don't talk about counterattacking next, I just hope that Shen Qing can see it for the sake of her peers and don't kill her.
But unfortunately, this idea of hers is very unrealistic.
It's all in court, and you still have one hand?
If it were her, she would only laugh at the other party for being a fool!
But Shen Qing is it?
Apparently not!
Of course, Yang Keyu also knew that this was delusional, and at this time, Shen Qing on the other side didn't even give them a chance to struggle.
After a few key hotel corridor videos, Shen Qing took out another lip recognition and identification data of the dialogue in the video, which involved enough content to overturn the so-called evidence provided by Wang Xiaoxiao before, and expose the problem of Ma Xiaorong, a witness.
Although the videos provided by the hotel could not hear what they said specifically, Shen Qing restored some of them through other means.
Enough is enough......
Derailment?
Now it's clear who has the problem.
And the previous actions of Wang Xiaoxiao and Ma Xiaorong have undoubtedly become a joke.
overturned the evidence and witness testimony provided by Ma Xiaoxiao, and Ma Xiaorong, who appeared as a witness, secretly withdrew before she could play her due role.
It's not that the other party's perjury passed without pain.
Although under normal circumstances, there is no crime of perjury in civil proceedings and no criminal punishment is faced, the act of perjury in civil proceedings is also illegal.
Where the circumstances are significantly minor and the harm is not great, the punishment for the perjudicor may be lenient, and criticism and education may be acceptable.
If the perjury is sufficient to influence the facts of the case, but the judge does not accept it and does not cause serious consequences, the fines and detention designed according to the law shall be applied according to the circumstances.
However, if perjury affects the judge's impartiality and causes serious consequences, or even constitutes a criminal offense, it is not as simple as a fine and detention.
Not to mention the existence of a crime of obstruction of testimony.
It's just that there is no evidence to prove that Wang Xiaoxiao or Yang Keyu bribed or threatened Ma Xiaorong to appear in court to give perjury or suspicion, otherwise there would be no way to continue this trial, and the trial could only be suspended in the name of discovering new criminal facts and handed over to the public security organs for investigation.
Wang Xiaoxiao's rhetoric just now was that in order to divorce Ge Huaixin, he deliberately made such a "play" with his "best friend" Ma Xiaorong.
I don't dare to rely on buying and threatening at all, because once we dig into these things, then it is possible to dig up more problems, and then it will not only be a matter of divorce and less property.
However, in this way, Wang Xiaoxiao, who originally occupied the "great righteousness", immediately leaned towards the wrong party.
The poles are reversed!
"Presiding judge, in addition to dividing the property, we require the plaintiff to bear the joint debt of 8.5 million in the marriage, and the defendant will borrow money from his father Ge Shude for the purchase of a house after marriage between the defendant and the plaintiff......"
The trial continues.
Shen Qing, who was chasing after the victory, came up with another killer idea.
Lore!
"What?"
As Shen Qing took out the loan contract between Ge Huaixin and Ge Shude, Wang Xiaoxiao in the plaintiff's seat was instantly stupid.
8.5 million in debt?
When did this come about?
How could she not know at all?
……
In a short period of time, Wang Xiaoxiao was about to transform into an angry and curious baby.
"Presiding Judge, I didn't know there was this."
"It's not too late for you to know this."
"Ge Huaixin, you bastard, shut up for me!"
"Winter!"
"Plaintiff, watch your words!"
"I'm sorry, Presiding Judge, I didn't mean to...... But Ge Huaixin cheated me, I didn't borrow the money to buy a house, this should not be a joint debt between husband and wife, this debt should belong to Ge Huaixin alone......"
"Lawyer Yang, help me ...... quickly"
“……”
As Wang Xiaoxiao was out of proportion, the courtroom suddenly became "lively".
"Silence!"
"Please stay calm!"
Another hammer sound.
Seeing that Wang Xiaoxiao's emotions were out of control again, the presiding judge had to issue a warning.
And as her entrusted lawyer, Yang Keyu can't sit back and let her mess up like this.
But......
After reading the loan contract that Shen Qing took out, Yang Keyu was also silent.
Unless Wang Xiaoxiao can come up with evidence to prove that this loan contract is problematic or invalid, even if the gods come, there is no way.
Although it is true that Ge Huaixin borrowed the 8.5 million from Ge Shude, and Wang Xiaoxiao did not know about it, this does not mean that this is not a joint debt of husband and wife.
According to Article 1064 of the Civil Code, debts incurred by both husband and wife as jointly signed or later recognized by one of the husband and wife, as well as debts incurred by one of the husband and wife in his or her own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife.
Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife;
However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.
But the problem is that the loan contract also specifically stated that the purpose of Ge Huaixin's loan of 8.5 million yuan was to buy a house for him and Wang Xiaoxiao after marriage.
And through other relevant evidence provided by Shen Qing, it is indeed proved that the 8.5 million was not used elsewhere.
Looking at it like this, the other party has been prepared for a long time.
Not to the eucalyptus of the divorce, but before they get married or buy a house.
Otherwise.
Under normal circumstances, most parents support their sons to buy a house, and they will not sign any special loan contracts.
Yang Keyu was a little helpless.
This step alone, even if they win the case in the end, will not take advantage of it.
Divide the house?
Let's pay this money off first!
And Ge Shude appeared here today, not only as a family member of the defendant, but also as a creditor of the husband and wife.
"No... That's not right...... Presiding judge, I want to report that Ge Huaixin and his father transferred property, and his father only sold the house for more than 5 million yuan at that time, and he himself did not have so many savings, so it is impossible to lend 8.5 million yuan to Ge Huaixin, of which at least two or three million were secretly transferred by Ge Huaixin to Ge Shude, and then let him lend us the house to sell ......"
After confirming that the 8.5 million was a joint debt of the husband and wife, Wang Xiaoxiao suddenly found a new "counterattack" point.
Yang Keyu frowned slightly and quickly thought about it.
And at this time.
Hearing Wang Xiaoxiao's words, Shen Qing in the dock smiled slightly and took out a gift contract that had been notarized before.
The time was before Ge Huaixin and Wang Xiaoxiao got married.
Ge Huaixin gave all the money he had saved from years of work to his father Ge Shude.
Ge Huaixin has complete right to dispose of his personal property.
Not to mention before marriage, even after marriage, Ge Huaixin gave the money to Ge Shude, even if Wang Xiaoxiao is his wife, he has no right to interfere.
Because his work income over the years was earned before marriage and belonged to his personal pre-marital property.
Again, that's the same sentence.
The personal property of one of the spouses shall not be converted into the joint property of the husband and wife as a result of the continuation of the marital relationship.
Originally!
Ge Shude and Ge Huaixin were just going to write the part of the house money from the sale of the house into the loan agreement, but when Ye Xiangyang asked Shen Qing to help check the loan contract he was trying to draft, Shen Qing, who understood the situation, made another suggestion.
If you're prepared, why not do it in one step?
Thus, there was the appearance of that gift contract, and the change in the final loan amount.
That's it.
Ye Xiangyang and Shen Qing, one person with one suggestion, inadvertently scrapped Wang Xiaoxiao's originally perfect plan.
If Wang Xiaoxiao knew this, he was afraid that he would tear them apart.
It's a pity that she's too busy to take care of herself now.
At this time.
Wang Xiaoxiao looked at Yang Keyu with her last hopeful gaze, but the other party could only sigh and shake her head.
If she insists on divorce now, it will not do her any good.
"Presiding judge, we apply for mediation."
secretly discussed with Wang Xiaoxiao, and Yang Keyu made this decision for her.
"Plaintiff Wang Xiaoxiao, is this your idea?"
"By ......, presiding judge, I don't think Ge Huaixin and I have reached the point where we can't reconcile, maybe we can negotiate again."
Wang Xiaoxiao panicked.
Thinking that he would have to bear a huge debt in such a divorce, Wang Xiaoxiao really couldn't make up his mind.
Even at best, debts and property divided by divorce are offset against each other.
She doesn't have to be in debt, but the final result is no different from leaving the house, think about how much time and effort she has spent in the past half a year in order to please Ge Huai's new love, and after getting married, she even gave her body to the other party, and finally made a bloody loss?
It's a big deal.
Moreover.
Divorce like this, it is inevitably too cheap Ge Huaixin and Ge Shude, the sinister father and son.
Wang Xiaoxiao simply hated them to death, and suddenly came up with a loan contract and a gift contract, which turned out to be guarding against her for a long time.
In other words, all the previous kindness to her was pretended.
"Defendant Ge Huaixin, what do you think?"
"Presiding judge, I don't think there is any need for mediation, let's pronounce the verdict directly! Through the farce just now, I think the presiding judge can also see that the relationship between our husband and wife has long been broken, and there is really no need to waste everyone's energy and time like this. ”
Although Ge Huaixin said this, the presiding judge still suggested trying to mediate first.
At Shen Qing's signal, Ge Huaixin agreed.
Mediation does not necessarily mean no divorce, nor does it have to be compromised, after all, mediation is based on the premise of following the wishes of both parties.
In addition to the success of mediation, there are two outcomes: the failure of mediation and the ineffectiveness of mediation, and when the presiding judge is inclined to mediate, it is not necessary to insist on his own attitude.
Next.
The trial was temporarily adjourned and the parties entered into mediation proceedings.
It's just obvious that things have developed to this point, and no amount of mediation can make a difference.
Realizing that she had no advantage at all, Wang Xiaoxiao remembered to play the emotional card again, and lowered her "requirements", no longer forcing half or even more than half of the house, she didn't want the house, but proposed to let Ge Huaixin make "some compensation" for his efforts in the past half a year.
The so-called certain compensation, as soon as he opened his mouth, it was two million, but Wang Xiaoxiao dropped to one million later, and Ge Huaixin did not agree.
Want to eat fart?
has already seen through her true colors, how could Ge Huaixin agree to the other party's request.
What's more, what did Wang Xiaoxiao lose in the little half a year with him?
"Okay, I'm not getting divorced."
In the end, Wang Xiaoxiao, who was helpless, gave up completely.
It's really going to be divorced, and she just has nothing.
If she doesn't get divorced, she at least has a house... and debt......
It seems that not getting divorced will not do her much good.
Ge Huaixin's salary income is not low, but Wang Xiaoxiao obviously doesn't like these, after all, after deducting expenses in a year, there may not be much left.
Not to mention that Ge Huaixin will definitely guard against her next.
It wasn't what she wanted.
And Wang Xiaoxiao's real purpose is to drag Ge Huaixin.
Now the situation is not good for her, divorce at this time is definitely not beneficial, and when they are "tortured" with each other for a period of time, Wang Xiaoxiao believes that Ge Huaixin will definitely not be so easy now, and when the time comes, in order to get rid of her, he may choose to compromise.
"Not divorced? Sorry, I don't agree! ”
"Why don't you agree?"
"What do you say? That's all for ......"
The mediation has clearly failed.
After chatting with Yang Keyu for a few words, Wang Xiaoxiao suddenly stood up and said to the presiding judge: "Presiding judge, I want to withdraw the lawsuit, I give up my plan to divorce." ”
"Dismissal?"
"Yes, I couldn't think about it before, I think Ge Huaixin and I can continue......"
“……”
It's all going on to this point, but I didn't expect Wang Xiaoxiao to apply for withdrawal of the lawsuit at this time.
Normally, as long as the judgment is not issued, the plaintiff can file an application for withdrawal of the lawsuit, and most of them will be approved, but it is not absolute.
This is also a rare occurrence now that the trial has reached its final stage.
"Defendant Ge Huaixin, the plaintiff has put forward his intention to withdraw the lawsuit, what do you think now?" Soon, the presiding judge set his sights on Ge Huaixin again.
"Presiding judge, the relationship between me and the plaintiff has broken down, so I oppose the other party'......s withdrawal of the lawsuit, ask to continue the trial and judgment, insist on divorcing the other party, and divide all common property and debts in the marriage, even if Wang Xiaoxiao withdraws the lawsuit this time, I will apply to the court for divorce again."
Ge Huaixin said very decisively, obviously he had no intention of leaving a "back road" for himself.
"Okay, the wishes of both parties, we have received them, please let me consult with the jury before making a decision."
Hearing what the presiding judge said, Ge Huaixin couldn't help but breathe a sigh of relief, fortunately he didn't directly agree to Wang Xiaoxiao's request to withdraw the lawsuit.
It's not that Wang Xiaoxiao withdrew the lawsuit, and there was nothing he could do with her, but if it could be resolved today, Ge Huaixin didn't want to drag it out.
"Ge Huaixin, is it a husband and wife, do you really want to be so ruthless?"
"Wang Xiaoxiao, you are quite thick-skinned, you are embarrassed to say this, admire!"
"You ......"
In the courtroom, Ge Huaixin didn't want to start any scolding war with Wang Xiaoxiao, so he just closed his eyes and recuperated, too lazy to deal with the other party.
A moment later.
The presiding judge and the jury returned after the deliberations had ended.
Winter!
With a hammer sound, the previous adjournment ended.
Court again!
“…… For divorce cases, we are generally based on mediation, today's eucalyptus situation is more complicated, after a number of aspects of the trial, we have just organized both parties to mediate, but the result is not optimistic, after the failure of mediation, we received the plaintiff's withdrawal application, also consulted the defendant's opinions, and finally decided not to cancel the plaintiff's withdrawal application, and the divorce case was discussed, there has been a result, decided to pronounce the judgment in court! ”
"What?"
Hearing that the presiding judge not only disagreed with her application to withdraw the case, but also announced the verdict in court, Wang Xiaoxiao's whole person was like being hit by a crit, and her brain was about to faint.
What kind of bolt from the blue is this?
But Ge Huaixin's face was full of excitement and excitement.
In fact, it is not surprising that the presiding judge and the jury made this decision, after all, before the mediation was organized, almost all the aspects of the trial had already ended, and it was time to discuss the outcome of the trial and announce the verdict.
It is obvious that the relationship between Ge Huaixin and Wang Xiaoxiao has broken down, and the mediation has failed, which has met the requirements for determining divorce.
"All stand up!"
After reading out the relevant information of the original defendant, the presiding judge said: "The divorce dispute between the plaintiff Wang Xiaoxiao and the defendant Ge Huaixin was darkened, and after the court was established, it used the summary procedure in accordance with the law and held a trial in open court, and the two parties and their agents appeared in court to participate in the lawsuit, and the trial has now been concluded.
This court believes that the key to determining whether the marriage relationship between the parties should be dissolved depends on whether the relationship between the husband and wife has broken down......,...... It reflects that there is no possibility of reconciliation between the parties, so it can be determined that the relationship between the plaintiff and the defendant has broken down.
Because......
To sum up, in accordance with the provisions of Articles 1079, 1087 and 1089 of the Civil Code, this court makes the following judgment:
1. Grant the divorce of plaintiff Wang Xiaoxiao and defendant Ge Huaixin.
2. House No. 2702, Building 4, Luming Community, Qingshan Road, Yinshui District, Yangcheng, Department ......
3. Both parties need to jointly bear the debts of 8.5 million yuan of husband and wife......
4. Plaintiff Wang Xiaoxiao needs to return the wedding ring and necklace purchased by defendant Ge Huaixin before marriage......
……
If you are not satisfied with this judgment, you may file an appeal with this court within 15 days from the date of service of the judgment, and submit copies according to the number of opposing parties, and appeal to ......"
"All stand up again!"
"Now that the trial is officially over, please leave the presiding judge and the jury first."
"Requests for the ...... of the prosecution and defense delegations"
As the presiding judge and the jury left the table, all parties began to leave, and Wang Xiaoxiao, who was still unacceptable in the face of this result, was completely numb.
Because she was at fault in this divorce, she only got a little more than 40% of the property when she divided the property, but she had to bear half of the debt.
Converted.
In other words, the money she got from the divorce was not enough to pay off her debts......
Not only that, but the rings and jewelry that Ge Huaixin gave her before receiving the certificate before she received the certificate must also be returned.
What made her most depressed was that she thought that the divorce and division were nine out of ten, but she was blackmailed by Yang Dapeng and Ma Xiaorong, and she specially borrowed 150,000 yuan from her cousin Zhao Xinqing and exchanged it for cash.
Divorced, not to mention the loss of money, and the tmd debt?