Chapter 140: Good Guy, You Take a Bite, Don't You?
In He Dongsheng's case, it is impossible to continue to deal with this case by trying to settle or mediate with the court.
Both parties do not agree to settle, mediate, and are ready to settle directly in court.
The Nandu Intermediate People's Court conducted a final inquiry on the mediation between the two parties.
Ask if the parties want to go to court and if they need mediation.
After learning that neither party continues to accept mediation.
The court informed both parties to be present on time for the hearing.
This time, the court heard the same case as Wang Li Bank.
Joint trial.
On the day of the trial, it was around half past nine in the morning.
The court session is 10 a.m.
Courtroom waiting room.
Li Xuezhen sat upright with a straight face, thinking silently in her heart who should be glared at for a while.....
The little face was dull, with a hint of emptiness in his eyes, and he sat straight beside Su Bai.
Su Bai noticed Li Xuezhen's expression and sighed secretly in his heart.
Xiao Li's expression ..... you knew what he was thinking at a glance.....
Gee.....
Li Xuezhen is going farther and farther on this road.
.
….…
Two other waiting rooms.
They are the legal lawyers of Quanan Insurance, Li Shuangjun, Gu Bin and the prosecution lawyers.
Quanan Insurance Waiting Room.
Gu Bin handed over the sorted materials to Li Shuangjun.
"You are the lead litigation lawyer for this trial proceedings, and this is the relevant material, and I have prepared it."
"This material is all aimed at Baijun Law Firm, and it may be difficult to raise questions suddenly, and I just sorted it out."
"You take a look at it and be mentally prepared."
"Hmm!"
Li Shuangjun nodded, and after taking the materials handed over by Wang Bin, he roughly browsed them, and put the materials together with other materials.
Soon.
It was nearly ten o'clock.
The relevant staff shall notify the parties to enter the hearing.
After entering the trial.
Li Shuangjun and Gu Bin's seats on the litigant are opposite Su Bai's litigant seats.
Li Shuangjun raised his head and glanced at Su Bai.
This gaze was captured by Li Xuezhen.....
Li Xuezhen: ???
Why are you staring at Lawyer Su .....?
Okay, this trial, it's you.....
Li Xuezhen's gaze skillfully focused on Li Shuangjun's body.
When Li Shuangjun sat down to sort out the relevant materials, he always felt that something was not quite right, and looked up at the opposite side.
After looking at Li Xuezhen: ???
This look. It's not quite right!
No.... Why did he always find it weird?
For Li Xuezhen's gaze.
Li Shuangjun didn't pay much attention to it, avoided this gaze, and continued to look at his materials.
At this time, the clerk is reading out the discipline of the trial and matters related to the trial.
"One: ......"
"Two: ......"
"Three: ......"
"Four: ......"
.
….….
The clerk finished announcing, and then spoke: "The court discipline has been read, everyone stands, and now the presiding judge and the judge are invited to enter!" ”
Boom.
All relevant personnel at the trial stand up.
The presiding judge and two judges entered.
Presiding Judge Du Linmu stood in front of the trial table, his eyes swept over the courtroom scene, and he spoke into the microphone in front of the presiding judge's seat: "Please sit down." ”
The voice fell.
Boom.
The relevant personnel at the trial site all sat back in their positions.
The judgment seat, on the presiding judge's seat.
Du Linmu rang the gavel.
"Court is now open!"
Knock knock!
With the fall of the gavel.
The trial was officially opened.
Du Linmu followed the materials in front of him and spoke: "Now that the trial has begun, I will ask all parties to the litigation to state their identity information." ”
"Now I ask the parties to state their identities."
"Okay presiding judge."
Su Bai looked at the presiding judge's seat and nodded slightly.
In this trial, Su Bai had already learned about the information of the collegial panel members in advance.
However, this information was not learned by Su Bai on his own initiative.
It was Li Xuezhen who told him after taking the initiative to understand it.
Purpose.
Of course, it is to accomplish the great achievement.
It's just that this time the information understanding made Li Xuezhen a little disappointed, and there was no problem with the members of the collegial panel.
The explanation for this problem is that the members of the collegial panel did not make any major mistakes in the previous judgments, and the general judgments were reasonable.
Neither the parties to the litigation can find any big problem.
It can be said that Du Linmu, as the presiding judge, is still at a relatively high level.
From this point, it can also be seen that the Nandu Intermediate People's Court still attaches relatively much importance to the trial of this case.
"Presiding judge, our court members, Nandu Baijun Law Firm, Su Bai, assistant lawyer, Li Xuezhen, appeal party, He Dongsheng."
After Su Bai finished speaking.
Du Linmu began to ask for the identity of the others again.
"Identification information of the party being sued."
Li Shuangjun spoke: "Quanan Insurance Legal Affairs Li Shuangjun, Gu Bin." ”
"Prosecution identification information."
"Public Prosecutor Hu Bing."
Knock knock!
After the information of the persons appearing in court was verified, in the presiding judge's seat, Du Linmu opened his mouth to state:
"This case was tried by the Nandu Intermediate People's Court, and a collegial panel was composed of presiding judge Du Linmu, judge Zhang Huan, and judge Li Chengxiu."
"According to the provisions of the Procedural Law, if the parties to the litigation have any doubts about the adjudicators of this case and believe that they meet the conditions of the principle of recusal, they may apply for recusal.
Su Bai: "No objection, no application." ”
Li Shuangjun: "No objection, no application." ”
Prosecutor Hu Bing: "No objection, no application." ”
Knock knock!
After the parties to the lawsuit finished answering, the presiding judge Du Linmu sounded the gavel:
"The parties to the proceedings have no objection to the members of the collegial panel, and the cause of action is now to be announced."
"The cause of action of this case: The litigant believes that the first-instance judgment of its party was maliciously accused by Quanan Insurance Company and maliciously guided the filing of the case, and the second-instance application for revocation of the first-instance judgment and accused the legal counsel of Quanan Insurance Company of making malicious accusations."
"And, demand that Quanan Insurance Company compensate the corresponding amount of compensation."
"Is the cause of the lawsuit true?"
When the presiding judge was questioning, in the seat of the party being litigated, Li Shuangjun and Gu Bin listened to each other's reasons and frowned slightly.
The reason for this case is completely to put the responsibility on their Quanan Insurance Company.
However, as old baguettes, I have fought a lot of lawsuits, and I have seen a lot of lawsuits.
Although the other party in this case has put all the responsibility on their Quanan Insurance, it still needs to win the lawsuit.
If you can't win the lawsuit, then everything else is.
So the two only frowned slightly, and didn't take each other's case too seriously.
On the other side, when the presiding judge asked, Su Bai nodded.
"Presiding Judge, the cause of the case is true."
Knock knock!
"The cause of action is true, and the parties to the litigation are invited to state the litigation application, as well as the factual and legal basis."
"Ask the litigant to start the case."
After Du Linmu sorted out the materials in front of him, he looked at the courtier's seat.
Su Bai nodded slightly and glanced at his litigation materials.
"Okay presiding judge."
"Our application for litigation is as follows:"
"First, we believe that the first-instance judgment is seriously inconsistent with the facts, and we have no intention of defrauding the insurance, so we apply to revoke the first-instance judgment and sentence us not guilty."
"Second, in response to the accusation made by Quanan Insurance Company against our client, He Dongsheng, we believe that there is a subjective intention to make malicious accusations, and we apply to Quanan Insurance Company to publicly apologize and compensate us and pursue the responsibility of Quanan Insurance Company for malicious accusations."
"Third, we purchase insurance, the claim is based on the norms of the contract, is a legitimate claim, our claim is within the scope of the contract, we require the other party to compensate us 958,674.52 yuan in accordance with the insurance litigation compensation contract."
"Fourth, due to the other party's malicious accusation against us, it has caused great damage to our mental loss, and we demand that the other party compensate us for our mental loss of 46,852.47 yuan."
"Fifth, we require the other party to pay our litigation costs and attorney's fees."
"Presiding Judge, we've finished our statement."
During Su Bai's statement, Li Shuangjun and Gu Bin were sorting out the content of Su Bai's statement.
After Su Bai's statement, the two glanced at each other and frowned in unison.
The other party's application for a lawsuit....
The most important thing is the first, and there is the second.
Especially the second article ....
It is believed that Quanan Insurance maliciously sued He Dongsheng and publicly apologized.
You know, Quanan Insurance is now raising a plan to go public.
It's a critical time to go public.
If this case loses and a public statement is issued, then let alone raising for listing, it may go directly from listing to the brink of bankruptcy.
What is most important for an insurance company?
Credibility!
Although in many people's cognition, insurance is this is not insured, that is not insured.
But in fact, insurance plays a great role, and there are many people who buy insurance.
The main concern is the credibility of the insurance company.
If Quanan Insurance really loses the lawsuit and publicly apologizes, then the company's reputation will be directly damaged.
Other companies won't give you a chance to breathe and will eat your market share.
This is also the reason why Wang Haiyang has always emphasized that mediation can be done in court, and if he can settle privately, he will settle privately.
Because they can't afford to lose the case, and they don't want to take the risk of losing the case if they can settle.
"The lawsuit on the other side is the same as we thought before.... This lawsuit is not easy to handle. ”
"If it's not good to deal with, you have to deal with it head-on, you have to win.... Besides, at present, the other party has not produced any substantive evidence, it is just an accusation, and it does not have much impact..."
After Li Zhangjun finished speaking, Gu Bin nodded slowly: "Hmm! ”
On the bench, the presiding judge, Du Linmu, sounded the gavel.
Knock knock!
"The prosecution has finished its case, and now the prosecution is invited to begin its case."
Knock knock!
After hearing the presiding judge's words, Hu Bing sorted out the litigation materials he had prepared a long time ago and put them in front of him.
For the merger of this case, he has also gone through a certain amount of investigation as a prosecutor.
As a neutral prosecutor, his judgment on this case is that He Dongsheng is suspected of defrauding the bail, and it can be determined that He Dongsheng has cheated on the bail through supporting evidence and other objective facts.
However, the second-instance court's acceptance of the case shows that there is crucial evidence that He Dongsheng did not have the act of defrauding the bail.
However, further certification is required.
In response to the presiding judge's questioning, Hu Bing began to state:
"The prosecution believes that He Dongsheng is suspected of defrauding bail, and the objective facts are established."
"Unless the other party has key evidence that can show that He Dongsheng does not have the basis for insurance fraud."
"That is, when there is no key evidence to show that He Dongsheng did not have the act of defrauding the bail, the prosecution believes that the prosecution's application for innocence should be rejected."
Knock knock!
"The prosecution has finished its case, and now the party being prosecuted is invited to make a statement."
The party being sued is also the party of Quanan Insurance.
After hearing the presiding judge's words, Li Quanjun looked at the presiding judge's seat.
Direct Statement:
"Presiding Judge, we believe that the litigant's accusation against our Quanan Insurance Company is a completely false accusation."
"He Dongsheng cheated on insurance, this is based on facts, and there is no malicious accusation on our side."
"And in the whole process from case filing to execution to judgment, all parties determined that He Dongsheng had the fact of insurance fraud, which was not something that our Quanan Insurance could manipulate and do, but actually He Dongsheng had the factual basis for insurance fraud, so he was prosecuted."
"In this case, how does the litigant determine that we are making a malicious accusation?"
"This is completely defamatory and seriously infringes on our reputation, and we apply to the collegial panel to dismiss the party's application and demand that the other party apologize for the infringement of our reputation."
"Presiding Judge, we've finished our statement."
Li Shuangjun's voice fell.
Su Bai: ????
Good guy, I'm appealing and accusing you here, and you're countersuing me over there for causing your reputation?
Do you want to be shameless?
Is it really unclear to you whether there is a malicious accusation?
Or is it impossible to admit that there has been a malicious accusation?
Old baguette, huh?
Directly sue a person for reputational damage and suffer significant damage, right?
Gee....
It's an old baguette, and this counter-accusation method is really powerful.
Meanwhile.
After Li Shuangjun finished stating the lawsuit application, he also deliberately glanced in the direction of Su Bai.
The meaning of his lawsuit application is already obvious.
If you can come up with evidence of our malicious accusation by Quanan Insurance, then I will plead with you.
If I win, then I will sue you for maliciously infringing on our reputation through a lawsuit....
If you lose.... Lose?
As a legal lawyer of Quanan Insurance, Li Shuangjun has fought so many insurance cases and has a very high winning rate.
In the absence of evidence of absoluteness on the other side, he basically did not lose.
Especially in this kind of complex insurance case, it is even more impossible to lose!
Li Shuangjun deliberately glanced towards the seat of the litigant.
Noticing Su Baizheng looking at him with a smile.
Li Shuangjun: ???
Su Bai: Why do you think you can win?
PS: Ask for a monthly pass~
(End of chapter)