For Su Bai, what is the key point of this lawsuit?

The most important point is the bank!

Banks are jointly and severally liable for unfinished buildings!

Nanjian Real Estate Co., Ltd. has no money?

No problem!

You don't have any money, so I'll let the bank take responsibility for the head office.....?

You can't say you don't have any money, can you?

I don't have the money to open a bank!

Besides, if you really don't pay this money, it's okay, then my previous loan, there is interest, and there are any late fees and fees.

I'm not going to pay it back, no problem?!

As for what to do with the boss of Nanjian Real Estate..... it's too easy to do.....

Pay it back, forget it.

If you don't pay it back, go in.

According to the provisions of the Criminal Law, it is less than five years.....

The specific sentencing, Su Bai estimated, is about three years.

Gee.....

Why are these guys just trying to make home buyers responsible?

They should also take their due responsibility, instead of letting the hard-earned money of home buyers go to waste, and let the vulnerable group such as home buyers take responsibility.

Otherwise, why would the law provide for so many regulatory treaties?

The meaning of the law is to protect the weak and the aggrieved.

.

….….

After Su Bai finished stating the lawsuit application.

There was no change at the scene of the trial..... and the people watching the live broadcast outside the trial were very nervous.

Especially Wang Wu.

As the head of Nandu Bank, he did not want to see any problems in this trial.

After all.....

If there is a problem, he, the person in charge of Nandu Bank, can't run away .....!

And then there's .....

It will cause irreparable losses to Nandu Bank!.

….….

On the court court.

On the bench, Zhu He glanced at the materials, raised his head slightly, and glanced at Su Bai.

As the presiding judge of the Supreme People's Court, Zhu He has a certain understanding of this case.

And from the bottom of my heart, I decided that this case was a typical complex case.

Because of this case, there is a problem involved.

That is, whether the fault of the third party, the bank, is a major fault, and whether the loan is indispensable to the failure of the real estate developer.

From the perspective of the final appeal of the whole case, this is the focus of this case.

With a clear understanding of the case, the next question depends on the plea of both parties at trial.

Knock knock!

The gavel sounded.

"The plaintiff's attorney ad litem has finished his presentation....."

"Next, I would like to invite the defendant, the agent ad litem of Nanjian Real Estate Co., Ltd., to speak."

"Okay presiding judge."

As a lawyer in real estate disputes, Wang Jiangyang has helped Ye Zhenghuan fight many cases.

Thereinto.

The win rate is very high.

In general, if there are no major problems, the case can be won.

In this trial..... the other party made it clear that he wanted to take advantage of the bank's illegal operation to make the bank liable.

In response to Nanjian Real Estate's litigation claim, there is nothing wrong with claiming compensation for losses..... which is in accordance with the requirements in the contract.

There is no point in rebutting the other party's application for dismissal from this aspect, and it will certainly not support the situation in law.

Even.....

There is no problem with the failure of Nanjian Real Estate Co., Ltd. to notify creditors.

This is because Nanjian Properties Limited did not notify the creditors.

In fact, Wang Jiangyang knew what the other party was thinking.

That is to accuse Nanjian Real Estate of malicious debt evasion.

This is the most critical question.

There is also the question of the amount of compensation.

However, this amount of compensation, Su Bai has obviously been calculated.

There is no big rebuttal.

"If you want to retort in a plea, you only need to refute the malicious debt evasion."

Wang Jiangyang thought silently in his heart,

After determining the main contradictions in the plea, look at the bench seat.

"Presiding Judge."

"We will refute the plaintiff's accusation that we maliciously evade debts."

"In the legal definition, a company's malicious debt evasion refers to the company's shareholders, actual controllers, or other management personnel who obtain improper benefits."

"Using its control, management, or business operation, etc., abusing the company's legal personality and fixed limited liability, and adopting illegal means to evade debts by circumventing the law, such as malicious transfer and use of the company's property, malicious dissolution and cancellation of the company, and malicious bankruptcy."

"Acts that harm the interests of the company and the interests of creditors, and make it impossible for creditors to realize their rights through legal channels."

"According to our bankruptcy procedures, our bankruptcy process is formal, and there are no problems....."

"We apply to dismiss the other party's accusation that we maliciously evaded our debts....."

"Presiding Judge, Nanjian Real Estate Company's litigation application has been stated."

"Hmm!"

"In addition to the issue of malicious debt evasion by Nanjian Real Estate Company, do you have any objections to other litigation claims?"

"Presiding judge, we have no objection to the plaintiff's other claims."

"Okay."

Zhu He nodded slightly, and then looked at Nandu Bank: "Now please ask the agent of the defendant Nandu Bank to make a statement." ”

Xu Zhiqiang took a deep breath when he heard the presiding judge's words.

Take out the litigation materials prepared in advance, put them on top, and then slowly open your mouth to state:

"In response to the plaintiff's claims against us, our applications are all rejected."

"We have no cooperative relationship with Nanjian Real Estate Co., Ltd., but the supervision funds are kept in Nandu Bank, and the use of this fund is to build Nandu Xiushui Garden Community."

"We are only responsible for regulatory funds."

"Although we violated the law, it is not the same as that there is a relationship between us and the real estate developer."

"The use of funds is not controlled by the bank."

"Our illegal issuance of funds and the unfinished construction of Nandu Xiushui Garden Community do not constitute a legal causal relationship, nor do they constitute joint and several liability."

"Namely."

"We apply to dismiss all of the parties' claims."

"Nandu Bank has finished speaking."

After Xu Zhiqiang's statement.....

Outside the trial, the viewers who watched the live broadcast: ???

What does it mean.....?

It means that you don't take any responsibility and dump the pot on Nanjian Real Estate Co., Ltd., right?

"What do you mean by this son of a bitch's Nandu Bank!!"

"What does it mean not to constitute a legal causal relationship? You've violated the rules, and you're still saying this kind of thing, do you want to be B-faced! ”

"! This Nandu Bank is disgusting, the last time it was in an uproar, this time it came again, I think now we should give this Nandu Bank an award, it is called the shameless award! I'm really convinced, this statement of Nandu Bank is too disgusting! ”

"I can see that Nandu Bank is completely dumping the pot, I don't want to take responsibility, I want this to do that, anyway, what to do, the first place to dump the pot, for Nandu Bank, I only have four letters: CTMD!"

"Thank you very much! In the future, we will resolutely boycott Nandu Bank! ”

“+1+1+1+1+1”

"Nandu Bank hasn't gone bankrupt yet, it's really a cow, I hope he goes bankrupt as soon as possible, the province is doing this and that, it's all the stuff that harms people."

“.….….”

A burst of invective erupted on the barrage of the live broadcast.

After a few seconds, someone asked:

"Mr. Luo..... is there any basis and reason for the legal lawyer of Nandu Bank to say this.....

"Yes, yes, don't scold ..... everyone"

"Let's listen to what Mr. Luo has to say first.....

"Lines, Lines, Lines, Lines....."

"Mr. Luo, let's tell us about it, let us know what is going on with this case, lawyer Su Bai, can you win the case and give it to Nandu Bank."

In the face of fans' questions, Luo Daxiang pulled out his small blackboard, and then drew three circles on it.

Write Nandu Bank, Nanjian Real Estate, and home buyers respectively.

After completion, he continued, and explained: "The statement of the agent entrusted by Nandu Bank is the key to this trial! ”

"Everybody saw that in this trial. The plaintiff is Su Bai as the litigant with full agency, and the defendants are Nandu Bank and Nanjian Real Estate. ”

"In the legal sense, there is no causal relationship between Nanjian Real Estate and Nandu Bank."

That is to say, putting aside the point of view of this case, Nandu Bank is only responsible for supervising the funds, as for how Nanjian Real Estate builds a house, how it is built, whether it can be built well, and whether it is unfinished.

There is no relationship between the above and Nandu Bank.

It's just that under the condition that the supervision is firmly law-abiding and compliant, Nandu Bank needs to transfer the regulatory funds to the designated account of the real estate. ”

"In this process, Nandu Bank has the right to supervise and assume the responsibility of supervision."

"But the problem now is that the supervision of Nandu Bank is not in place. The funds that led to the supervision were sent to Nanjian Real Estate without reaching a contract. ”

"Nanjian Real Estate embezzled regulatory funds."

"The argument of Nandu Bank's defense is that, in terms of legal definition, even if it is misappropriation of funds in violation of regulations, Nandu Bank only bears the issue of liability for regulatory negligence."

"What lawyer Su Bai has done at present is to make the regulatory liability of Nandu Bank and the unfinished building of Nanjian Real Estate have a causal relationship."

"Got it.....?"

“.….….”

"Teacher Luo, what you said is too complicated.... I didn't understand it too much, but I heard it, Nandu Bank was shameless. ”

"I seem to understand, but I don't fully understand what this means, can you explain it well."

"Ahem. I understand a little bit, this should be the legal meaning of the division of responsibility..? ”

"Doesn't that mean that Lawyer Su's accusation is invalid.....?"

Seeing this comment, Luo Daxiang smiled: "

It is not ..... the crux of this argument is whether there is a causal relationship between Nandu Bank and its illegal supervision of Nanjian Real Estate Company.

If the case is heard by the Supreme People's Court, the Supreme People's Court will accept the plaintiff's appeal request only if it finds that there is a certain degree of reasonableness. ”

"Moreover, this issue of responsibility is very vague, it can be determined that there is or not, and it depends on how lawyer Su refutes and rejects the other party's point of view."

"To give you the simplest example, of course, the situation in this example is not too different from the situation in this bank."

"For example, if someone comes to steal something, and if you steal something, you have to go through the door that you are guarding, but you open the door for him, so are you stealing?"

"There are some differences in this example, but that's what it means, can you understand that?"

"Understood..... what you say in this way will be clear and understandable!"

"Thank you, Mr. Luo, for helping us answer, I can be regarded as understanding."

"Hmmm! Read on! ”

After Luo Daxiang explained, he once again focused on the live broadcast of the trial.

On the court court.

Zhu He briefly sorted out Wang Jiangyang's statement and Xu Zhiqiang's statement.

Finishing is done.

Knock knock!

Ring the gavel.

"Now the lawsuit of the original defendant has been completed. Enter the next trial link, the trial plea. ”

"The collegial panel has collated the statements of the parties to the proceedings."

"First, there is a legal causal relationship between Nandu Bank and the real estate project built by Nanjian Real Estate."

"Second, whether the bankruptcy of Nanjian Real Estate is a malicious debt evasion."

"Do the parties have any objections to these two points sorted out by the collegial panel?"

These two points are the main key points of this trial, and all parties to the litigation understand that Zhu He sorted out the most critical points of this lawsuit very accurately.

Su Bai: "No objection. ”

Wang Jiangyang: "No objection. ”

Xu Zhiqiang: "No objection. ”

Knock knock!

"There is no objection from the parties, and the plaintiff is now invited to state the first point."

"Okay presiding judge."

Su Bai looked down at the material and spoke.

Then he pulled out one of the materials in front of Li Xuezhen.

began to state whether Nandu Bank had a causal relationship with the unfinished work of the difficult Silk Garden.

"Presiding Judge.....

"Before we start to make a statement, I would like to ask a few questions from Nandu Bank."

Knock knock!

"The application is approved, but remind, don't ask too much about extraneous things."

"Okay presiding judge."

Su Bai set his eyes on Xu Zhiqiang and spoke slowly.

"Based on our investigation and approximate estimates, as well as the evidence submitted.

There are about 2,500 households in Nandu Xiushui Garden.

Nanjian Real Estate Co., Ltd. mentioned in the requirements for buying a house that the loan is recommended to go to Nandu Bank for a loan"

"And some facilitation measures were provided."

"Among them, there are about 1,630 households, which are loan ..... from Nandu Bank."

"The amount of the loan is as high as about 160 million, and the benefits generated are also as high as hundreds of millions of yuan....."

"Excuse me. Is such a high interest rate the reason why your Nandu Bank is not in place to supervise .....? ”

Xu Zhiqiang: ???

This is the case

Buttoned the hat directly on their heads?!

Xu Zhiqiang frowned slightly, and his voice was cold: "No." ”

After finishing speaking, he immediately raised his hand.

"Presiding judge, we believe that the questions asked by the plaintiff's agent ad litem have nothing to do with the defense points, and we apply to the other party to stop the questioning."

Knock knock!

After listening to Su Bai's statement, Zhu He glanced in Su Bai's direction.

"The lawsuit application of the defendant Nandu Bank is dismissed."

The plaintiff continued to ask questions.

"Okay presiding judge."

Su Bai continued to ask: "If not, then why did Nandu Bank violate the regulations in advance and put the regulatory funds into the developer's account .....?" ”

"In this process, does Nandu Bank play a supervisory role.....?"

"Nandu Bank said that if the funds are illegally transferred into Nanjian Real Estate, can the relationship be cleared if it has nothing to do with the unfinished building?"

"So how does Nandu Bank explain that Nanjian Real Estate introduced buyers to Nandu Bank for loans?"

"How to explain that the loan interest is as high as hundreds of millions?!"

"Nandu Bank is holding high profits, and at the same time putting regulatory funds into the account of Nanjian Real Estate, while saying that it has nothing to do with itself."

"It's okay?!"

"Then why does Nandu Bank take so much interest, but it does not fulfill its regulatory responsibility?!"

"What are the main reasons for the failure of the property?"

"The main reason is not that the supervision of regulatory funds is not in place?!"

"But what's the end of the mess?"

"The end of the mess is that the real estate developer gets the regulatory funds, and the Nandu Bank gets the interest itself, and both get what they want.

As a result, there is no legal causation, leaving all the consequences to the buyer! ”

"Why?"

"Why should the failure of bank supervision and the abuse of regulatory funds by real estate developers lead to the failure of real estate buyers?!"

"Why, Nandu Bank only enjoys benefits and does not take responsibility?!"

"According to the composition of joint and several liability for breach of contract, the bank is not liable?!"

"Which one of the laws stipulates that the bank only needs to enjoy the benefits and does not have to be liable?!"

Su Bai's eyes were locked on Xu Zhiqiang.

When the last sentence was spoken, the court was silent!

The courtroom boiled directly outside the court.

"it! That's great! Fuck, the bank only makes money lying down with interest, and doesn't want to take responsibility yet, why not take responsibility?! ”

"That's right! Holy! Lawyer Su is so right, he simply speaks everyone's mind! Why should banks not be held liable? He took the money and the interest, why didn't he take responsibility?! ”

"I also operate regulatory funds in violation of regulations, I suspect that this is a partnership, and I am just defrauding buyers and bullying ordinary people!"

"TM, that's a possibility!! I think that after this trial, Nandu Bank can directly cancel his banking qualification, so as not to harm people here!! ”

"Grab it, grab it all for me!! Send them in, Lawyer Su sent them all in, I think they are still crazy!! ”

"Well said!!"

“.….….”

The audience in the live broadcast room was boiling with blood as if they had been beaten with chicken blood.

Luo Daxiang looked at the audience in the live broadcast room, as well as Su Bai's words just now, and his heart also ignited a touch of excitement.

Truly.

From the perspective of bearing profits, Nandu Bank should indeed be responsible.

Now I want to directly dissociate the relationship, which is indeed a bit too much.

Why are these few sentences said, the voice of the vast majority of the public.

Call....

With just these few words, Su Bai is estimated to be able to make a reputation for civil litigation for Baijun Law Firm.

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(End of chapter)