Chapter 0171: Don't Deceive People Too Much

The presiding judge's brows quickly relaxed, there was no superfluous expression on his face, and he quickly read the tender and then read the bid.

Li Lin thought about it carefully and felt that there should be no legal loopholes in the bidding document, and his relationship with the Tong brothers was good at that time.

Ma Yuanyuan, an employee of the company's legal department, is also a top student of Zhengda Law Department, and she also feels that there are no obvious loopholes in the bidding documents.

After reading the evidence, the presiding judge announced that the trial would continue, and since neither side had witnesses, the trial process went directly to the courtroom debate stage.

Courtroom debate is where lawyers come into play, and it is also a time to show their value, and the two lawyers have long been impatient.

Yue Cheng, the plaintiff's lawyer, said: "According to the bidding practice of the business in our province, the bid deposit cannot exceed 10% of the bidding valuation, and the defendant's bidding estimate is 750,000 yuan, so the deposit can only be less than 75,000 yuan."

It was unreasonable for the defendant to ask for a deposit of 100,000 yuan, and the defendant had violated the regulations first, so the commercial conduct of bidding was not protected by law, and the defendant should return the deposit of 100,000 yuan in full. ”

Zhao Shuaifeng, the defendant's lawyer, retorted: "Practice is not law, and practice cannot be used to advertise whether it is reasonable, and the plaintiff's participation in the bidding indicates that he abides by the penalty clause for breach of contract in the bid." ”

The gold medal lawyer said in his heart that your kid is too young, squinted his eyes and said: "In essence, practice is a fact with social norm significance, it is an indirect source of law, and it is a source of law that can become a judge to make judicial decisions. ”

Li Lin smiled: "Mr. Yue Cheng, a gold medal lawyer, are you teaching judges to do things?" ”

This sentence was quite lethal, and Yue Chengleng hurriedly said, "Defendant, please don't read my words too much. ”

Li Lin spread his hands and said, "I feel that what you just said is misleading the judge, that is, teaching the judge how to make judicial decisions, and there is a suspicion of obstructing judicial fairness." ”

Yue Cheng didn't expect Li Lin to say such sharp words, and he was a little caught off guard for a while.

The presiding judge said: "The plaintiff's attorney please explain the objective facts and refrain from obstructing judicial fairness with words. ”

This hat stunned the gold medal lawyer, and Yue Cheng's face showed a trace of abnormal red lines.

Zhao Shuaifeng didn't expect that the gold medal lawyer would suffer in front of laymen, and instantly felt that Yue Cheng was no longer the god of war in the lawyer's field.

President Tong's face was ugly, and he gritted his back molars and stared at Li Lin with a sneer.

Zhao Shuaifeng knew that the so-called practice must be approved by the judge before it could be converted into "customary law" and become the basis for the judgment of the case, and the field of commercial law was the scope of application of the custom, so he could not continue to dwell on the issue of practice.

He immediately changed the subject: "The plaintiff's breach of contract led to the miscarriage of the contract, which caused my client to be fined by the previous family for not being able to deliver the goods to the upper home in time, and this loss was directly caused by the plaintiff, so it is reasonable to confiscate the plaintiff's bid bond." ”

Yue Cheng immediately said: "The defendant terminated the cooperation first, and then signed the contract with the third party, and my client is the victim." ”

Zhao Shuaifeng immediately retorted: "It was the plaintiff who refused to sign the contract and overdue it first!" Article 15 of the tender stipulates that if the winning bidder fails to sign the contract within three days, it will be deemed to be in breach of contract, and the tendering party has the right to suspend the cooperation and confiscate the bid deposit of the defaulting party. ”

Yue Cheng-for-tat: "It was the defendant who did not agree to negotiate the offer!" ”

Zhao Shuaifeng said: "There is no need to agree! The plaintiff quoted a 4% discount in the bidding document, and suddenly repented when signing the contract and only gave 45% off, and of course my client would not agree to this malicious fraud. ”

Yue Cheng said: "As far as I know, the defendant also signed a contract with a third party with a four-to-five discount, which shows that the four-to-five discount is an acceptable offer for the defendant, so the defendant has no loss." ”

Zhao Shuaifeng said: "Compared with the four or five folds, we have lost at least 37,500 yuan, and this loss must of course be compensated by the plaintiff." ”

The two lawyers, one old and one young, pointed to Mai Mang, and their words became more and more intense.

The current Zhao Shuaifeng is like a chicken blood, and he doesn't take the gold medal lawyer Yue Cheng in his eyes at all.

Li Lin is very satisfied with her performance, not to mention anything else, this newborn calf is not afraid of tigers.

Later, both sides fought each other, and because the debate was too fierce, the presiding judge had to come forward to control the situation.

The presiding judge said: "The defendant is invited to make a final statement. ”

This link is very, very important, and Li Lin must use his feelings to impress the judge to win sympathy.

Li Lin brewed his emotions and said: "Dear presiding judge, others say that I am the big boss of such and such a company, but in fact, I am just a teenager who has just turned 19 years old.

I was born in a poor village in a poor county, and I have lived a life of hunger since I was a child, and I wanted to change my fate so I came to Zhengcheng to set up a stall to make money, and I was fortunate to earn the first pot of gold.

I have suffered a lot and suffered a lot of sins, relying on national policies to save some money, I think Zhengcheng is a blessed land, so I continue to come to Zhengcheng to do business, planning to do a little bit for the development of Zhengcheng.

I was walking on thin ice for fear of accidentally falling into an ice cave, but I didn't expect to be calculated by someone with a heart, and slandered and maliciously slandered by some force I don't know!

Please forgive me for the presiding judge's understanding of my dream-chasing innocence, this is my final statement, thank you! ”

The scene was quiet, and the presiding judge said, "Court mediation begins." Plaintiff, are you willing to accept mediation? ”

President Tong said, "I don't want to. ”

The presiding judge asked, "Defendant, are you willing to accept mediation?" ”

Li Lin said: "I don't want to. ”

The presiding judge said: "The mediation failed, and the court is now adjourned for 20 minutes." ”

When the presiding judge and the judges leave the courtroom, they have to negotiate how to make a verdict.

The bailiff maintains order at the scene, and the scene is quiet?

Zhao Shuaifeng whispered: "Mr. Li, you are really amazing, and in my opinion, it is impossible to start from scratch." ”

Li Lin said: "I was just lucky. ”

President Tong and Lawyer Yue still looked like they were winning, staring at the dock with disdainful eyes, and Li Lin didn't know where their confidence came from.

Twenty minutes later, the judges returned, and the presiding judge said, "Now reopen the trial and proceed with the verdict of the court." ”

The clerk shouted, "All stand up!" ”

Li Lin stood up and listened, and soon showed a happy smile, the court ruled that the defendant should return the plaintiff's bid deposit of 50,000 yuan, is this a fifty big board each?

The clerk asks the presiding judge and adjudicator to leave the courtroom, and both parties and litigation participants sign for confirmation.

Zhao Shuaifeng's hands trembled violently, "Boss, we won, I'm ...... I won the Zhengcheng Gold Medal Lawyer, I ......"

President Tong's face was very ugly, and Lawyer Yue's face was a little pale, and they were very unconvinced by the court's decision.

Li Lin said: "What is there to be happy about, you will help me prepare the relevant materials immediately, and I am ready to appeal to the Zhengcheng Intermediate People's Court." ”

Zhao Shuaifeng was dumbfounded for a moment, and said weakly after a long time: "Boss, if I were you...... I'll take it when I'm ready. ”

Li Lin sneered: "This 100,000 yuan is not a penny less, do you dare to nail that gold medal lawyer who deceived the world and steals his reputation with me on the pillar of shame?" ”

The gold medal lawyer Yue Cheng suddenly went berserk, pointed at Li Lin and shouted: "Li Lin, don't deceive people too much!" ”