Chapter 120 Buying a Car in a Borrowed Name Court 2
"Ahh Don't talk about those useless ones, I'll ask you if you signed it himself. Manager Cheng was a little irritable.
"It wasn't him who bought the car, it was Li Shuming, Zhu Ming was named, and the "Vehicle Sales Confirmation" was signed by Li Shuming. ......" Xiao Gao wanted to say something, but Manager Cheng had already hung up the phone.
"Judge Tian, I asked just now, I remembered it wrong, the "Vehicle Sales Confirmation" was signed by Li Shuming, and Zhu Ming did not go to the scene at that time. No need to do handwriting identification. Manager Cheng turned his head to look at Judge Tian with an embarrassed expression.
"Okay, now let's go to court." Judge Tian said: "Defendant, since the actual buyer was not present, why did you go through the formalities for him? Do you know that the actual buyer is the plaintiff? ”
"I don't know. At that time, the plaintiff said that he was buying a car on behalf of Zhu Ming, and we went through the formalities for him. Manager Cheng put on an expression that a dead pig was not afraid of boiling water.
"Does the plaintiff have any entrustment procedures?" Judge Tian asked.
"The plaintiff took a copy of Zhu Ming's ID card at that time." Manager Cheng said.
"Did the plaintiff file a power of attorney with you at that time?" Judge Tian continued to ask.
"Nope." Manager Cheng said.
"Without a power of attorney, do you believe that the plaintiff is buying a car on behalf of Zhu Ming?" Judge Tian said.
"We sell cars, the other party buys cars, as long as the other party pays, we sell, of course, I don't deny that we have flaws in the audit." Manager Cheng quibbled.
"Defendant, you said that the actual purchaser of the car was Zhu Ming, so why did the "Vehicle Sales Confirmation" stipulate that in the event of a refund, the money should be returned directly to the plaintiff? Shouldn't it be refunded to the actual purchaser? Judge Tian asked.
"This ...... It may be due to financial considerations, it is more convenient to refund the money in the original way! Manager Cheng hesitated slightly.
"Defendant, let me ask again, Zhu Ming was not present from the time he saw the car to the time he purchased the car, how do you judge whether he is qualified to buy a car?" Judge Tian asked.
Manager Cheng was speechless and stammered, he didn't expect the judge to ask such a question before. After holding it for a long time, he finally came up with a statement: "That...... We asked by phone. ”
"Is that your call?" Judge Tian asked.
"Yes." Manager Cheng said smoothly, when he realized what he wanted to change, it was too late, and Judge Tian asked again: "Plaintiff, do you agree with the defendant's statement?" ”
"Not recognized. The relationship between Zhu Ming and the plaintiff was that of borrowing a license plate, not a relationship of entrusting the purchase of a car at all. In addition, in the evidence previously provided, the defendant's employees suggested that the plaintiff buy a car in his name after learning that the plaintiff was not qualified to purchase a car, and the plaintiff listened to the advice of the defendant's employees before approaching Zhu Ming to discuss the issue of the rental license.
Before signing the agreement, the defendant had no contact with Zhu Ming at all, let alone called Zhu Ming to inquire about his qualifications to purchase a car. From beginning to end, the plaintiff was buying the car, and the defendant knew that the plaintiff was not qualified to buy the car, and was buying the car in Zhu Ming's name. Fang Yi said.
"Defendant, you just said that you called Zhu Ming to communicate about the eligibility to buy a car, when did you make the call?" Judge Tian asked.
"It was when I signed the Vehicle Sales Confirmation Form." Manager Cheng said.
"Is there any evidence? For example, call logs and the like. Judge Tian asked.
"I'll go back and find out." Manager Cheng's face was a little nervous, and he said in his heart: Little girl, why are you asking so much.
"Wasn't that your call? I think I'll be able to find it in just a few months. If you can't find it, go to the sales office and print out a call list and submit it to us.
If it cannot be submitted, the defendant will bear the legal consequences of failing to present evidence. Judge Tian said coldly.
Manager Cheng agreed, and secretly complained in his heart: I haven't made a phone call, where can I find call records, it's sloppy!
"Defendant, do you know that the plaintiff is not qualified to buy a car?" Judge Tian then asked.
"Yes." Manager Cheng was asked by the judge with some confidence.
……
"The plaintiff makes a final statement." The pen in Judge Tian's hand kept writing, and he glanced at Fang Yidao.
The plaintiff argued that both the plaintiff and the defendant confirmed that Zhu Ming was not present when they signed the Vehicle Sales Confirmation Form, and that Zhu Ming had not issued a power of attorney for the plaintiff to purchase the car, and that the two parties agreed that in the event of a refund, the money should be returned directly to the plaintiff, and that Zhu Ming was not present when the car was purchased, and the purchase price was not made by Zhu Ming, and the refund had nothing to do with Zhu Ming.
When the plaintiff paid 30,000 yuan for the purchase of the car, the defendant was aware that it did not have the target of purchasing a car in Beijing. The plaintiff borrowed the name of another person to purchase a motor vehicle from the defendant, and the purpose and content of the contract entered into by the two parties violated the Interim Provisions on the Regulation and Control of the Number of Small Passenger Cars in Beijing, and disrupted the public order of the regulation and management of vehicle allocation indicators in Beijing, and harmed the public interest, and the contract should be invalid.
According to the law, after the contract is invalid, the property obtained due to the contract shall be returned, so the defendant shall refund to the plaintiff the deposit of 30,000 yuan for the purchase of the car and the corresponding capital occupation fee.
That's it. Fang Yi stated.
"The defendant makes a final statement." Judge Tian said.
……
After signing the trial transcript, Fang Yi walked out of the courtroom, and when he saw that it was still early, he went to the roadside noodle restaurant for lunch. Then take a taxi to the West Station.
In the Justice Law Firm, Chu Huai was thinking about things with his eyes squinted with a teacup, and when he saw Zhao Zhongzhong coming in from outside, he hurriedly approached.
"Something?" Zhao Zhongzhong glanced at him and said.
"Lao Zhao, are you free at noon? Let's get together. Chu Huai said with a cheap smile.
Looking at Chu Huai's appearance, Zhao Zhongzhong had already guessed seventy or eighty percent in his heart, this product must have something to ask for, otherwise he wouldn't laugh so cheaply.
"It's not a year's holiday, what are you going to get together, besides, if Director Sun sees us muttering together in private, it's not good!
Are you in trouble? In our relationship, you can just say something directly, and you don't need to eat and drink, it seems to be raw. Zhao Zhongpi smiled and said with a smile.
Chu Huai was stunned, and then slapped Zhao Zhongzhong's shoulder with his fist in a friendly manner: "It's still interesting for you kid, I'm really fine, the director is not in the office, it's okay now, let's go to the conference room." ”
Zhao Zhongzhong didn't know what kind of medicine was sold in Chu Huai's gourd, and when he saw that there was nothing to do, he followed him to the conference room.
"Lao Zhao, I heard you say that your younger brother and sister work at the education port, are you still working there?" Chu Huai closed the door of the conference room and said in a low voice.
"Yes, but she's mainly responsible for news and publicity, what's wrong?" Zhao Zhongzhong said.
"My daughter, your eldest niece, isn't it time to go to middle school, there are only a few good middle schools in our county, I want to give him a trust relationship and find a good school." Chu Huai said with a smile.
Two chapters today!
(End of chapter)