Chapter 119 Trial of Buying a Car in a Borrowed Name 1

Early on Monday morning, Fang Yi took the train at six o'clock in the morning and went north to the capital.

Li Shuming's case of buying a car under his name was not tried in the Haidian People's Court, but in a dispatched court. Fang Yi took a taxi to find a place, and the taxi fare alone cost more than 200, and I don't know if it was because of the traffic jam, or the driver took a detour, anyway, it was quite expensive.

When Fang Yi entered the courtroom through the security channel, the defendant had already arrived, a middle-aged man in his thirties, and when the clerk checked the identities of both parties, Fang Yi learned that the middle-aged man was the manager of the defendant's No. 4S store, surnamed Cheng.

This case was heard by a single judge, the judge's surname was Tian, a young female judge, with good facial features, and the whole person looked young, if you didn't know, you would think it was a college student who had not graduated.

The procedure before a civil lawsuit is the same, with the clerk verifying the identities of both parties, reading out the court discipline, and so on.

Judge Tian rang the gavel, and the trial officially began, and the plaintiff first stated the claims, facts and reasons.

"Claims: 1. Request the court to invalidate the car purchase contract previously signed by the original defendant; 2. The court is requested to order the defendant to refund the deposit of 30,000 yuan for the purchase of the car, and to compensate for the loss of interest on the occupied funds, calculated according to the bank loan interest rate until the date on which the defendant returns the deposit. 3. The defendant shall bear the litigation costs of this case.

Facts and reasons: The plaintiff went to the defendant's No. 4S store to see the car due to the demand for the car. Because the plaintiff himself did not have a car purchase index in Beijing, he could not purchase a vehicle with a license plate. The sales staff of the defendant's No. 4S store informed the plaintiff that the plaintiff could borrow or rent a friend's idle Beijing license plate, sign a car purchase contract with the defendant in the name of the lessor, and then sign an agreement with the license plate lessor to stipulate that the vehicle would be owned by the plaintiff.

Thereafter, the plaintiff found his friend Zhu Ming, signed a car purchase contract with the defendant in Zhu Ming's name, and paid a deposit of 30,000 yuan for the purchase of the car. Later, because Zhu Ming did not agree to lend the license plate, he refused to go to the 4S store to go through the follow-up car purchase procedures, resulting in the inability to continue to perform the contract.

The plaintiff negotiated with the defendant several times to return the deposit, but the defendant refused. In desperation, the plaintiff will be told to your court, please support the plaintiff's claim in accordance with the law.

Complete! Fang Yi read the indictment.

"The defendant pleaded a plea." Judge Tian looked at the dock.

"The defendant disagreed with the plaintiff's claim for the following reasons:

The plaintiff came to my shop to buy a car on behalf of his friend Zhu Ming and took a fancy to a car. Later, the plaintiff's friend Zhu Ming signed the "Vehicle Sales Confirmation" with us and paid a deposit of 30,000 yuan by credit card. Not long after that, we contacted Zhu Ming to pick up the car, but Zhu Ming refused to pay the balance and pick up the car at our store, resulting in the inability to perform the contract signed by both parties.

We believe that the failure to perform the contract was caused by the plaintiff's friend and had nothing to do with the defendant, and the defendant did not agree to return the deposit. Manager Cheng said.

"Now for the cross-examination. The plaintiff adduces evidence. Judge Tian looked at the case file and said.

"The first piece of evidence, "Vehicle Sales Confirmation", proves that the original defendant and the defendant have a vehicle sales relationship.

The second evidence, the credit card transaction record, proves that the plaintiff paid a deposit of 30,000 yuan to the defendant according to the agreement.

The third evidence, the WeChat records of the plaintiff and the defendant's salesperson, proved that the defendant knew that the plaintiff was not qualified to buy a car and suggested that the defendant buy a car in his name.

The presentation of evidence is complete. Fang Yi said.

"The defendant cross-examines the evidence!" Judge Tian looked at the dock.

"The first piece of evidence, the Vehicle Sales Confirmation, we accept.

The second piece of evidence, the credit card transaction record, is also recognized.

The third piece of evidence, which we do not recognize, is that the WeChat chat records are the personal behavior of the salesperson, and the defendant is completely unaware of them.

Complete. Manager Cheng said.

"The defendant adduces evidence." Judge Tian said.

"The defendant has no evidence." Manager Cheng said.

"Defendant, let me ask, when you signed the "Vehicle Sales Confirmation" with Zhu Ming, was Zhu Ming himself present? Who was there? Judge Tian looked at the dock.

"It's been too long, I don't remember it clearly, it should be Zhu Ming himself." Manager Cheng's eyes flickered, and he looked at the reply on the table.

"Is the signature on the Confirmation of Vehicle Sales Receipts the plaintiff's?" Judge Tian asked.

"It should be." Manager Cheng nodded.

"Plaintiff, who signed the name of 'Zhu Ming' on the "Vehicle Sales Confirmation"?" Judge Tian observed his words, saw that Manager Cheng's expression was not natural, and had doubts in his heart, so he turned his head to look at Fang Yi.

"The Vehicle Sales Confirmation Form was signed by the plaintiff on behalf of Zhu Ming, and the plaintiff used WeChat to confirm with the defendant's employees at that time that Zhu Ming could not arrive at the scene, so the plaintiff could sign on his behalf. The evidence just submitted by the plaintiff contains relevant content. Fang Yi said.

"Defendant, do you agree with the plaintiff's statement?" Judge Tian looked at Manager Cheng again.

"Hmm...... Not recognized. At that time, it was an agreement signed by Zhu Ming himself. "Manager Cheng didn't change his words.

"Judge, we are asking for a handwriting examination. The handwriting on the Vehicle Sales Confirmation was indeed written by the plaintiff. Fang Yi said.

"Defendant, I would like to explain to you that if the handwriting test results show that the signature on the Vehicle Sales Confirmation is consistent with the plaintiff's handwriting, the defendant shall bear the cost of the appraisal.

Let me ask you again, who signed the "Vehicle Sales Confirmation"? Judge Tian looked at the dock.

Li Shuming's manager before and after buying the car knew about it, but before he had already said that it was signed by Zhu Ming, and now he directly changed his words, first, he felt a little embarrassed, and second, he was afraid that the judge would think that he was lying (in fact, the judge already thought so), but if he didn't change his words, the appraisal fee would definitely have to be borne by the four S shop, and the four S shop would definitely calculate the account on his head, and he didn't want to bear the cost. Right now, he needed a step, a rhetoric.

"Judge, can I confirm that? There were so many people buying cars during this time that I really can't remember. Manager Cheng's face changed and he looked at the judge.

"Yes, the court will be adjourned for five minutes, and you can ask now." Judge Tian did things neatly and gave Manager Cheng five minutes on the spot and asked him to call and inquire.

Manager Cheng took out his mobile phone and dialed it out: "Xiao Gao, before your customer Zhu Ming came to buy a car, who signed his "Vehicle Sales Confirmation", do you remember?" ”

"Manager Cheng, are you talking about the customer who bought Toyota?" Xiao Gao's voice came from the phone, maybe Manager Cheng's mobile phone was too good, or it could be that the courtroom was too quiet, Fang Yi vaguely heard the other party's voice.

“…… Right...... It's the customer who bought Toyota. Manager Cheng confirmed.

"Weren't you there? Or did you help the other party sign the "Vehicle Sales Confirmation", and you forgot? "Little Takado.

(End of chapter)