Chapter 155: You Still Want to Refute? It's you!
Outside the courtroom.
Wang Wu heard Su Bai's plea.
The whole person is numb.....
Let's not talk about anything else, but just say that.....
Now that this passage has been spread ..... Internet era, the blow to Nandu Bank will be huge!
What is Su Bai from this Baijun Law Firm doing!
Last time, they made the performance of Nandu Bank decline, and this time they did it again, what are you trying to do?!
"Isn't it just a regulatory fund in violation of regulations, what's the big deal?!"
Wang Wu rubbed his eyebrows, at that time he was indeed turning a blind eye because of some interest.
But who would have thought that it would cause such a big trouble.
Call.....
Wang Wu took a sip of water and exhaled lightly before suppressing his irritable emotions and continuing to focus on the courtroom.
On the court court.
Li Xuezhen looked at Xu Zhiqiang with a small face and excitement, unwilling to blink.
Stare at!
Stare at!
Stare at!
Lawyer Su's questioning ..... are all dumb, right.....?
Achievement points +++++
Beautiful!
On the other hand, Xu Zhiqiang, who was in the seat of the defendant Nandu Bank, frowned.
looked straight at Su Bai.
I don't know what angle I will use to refute the other party's point of view next.
Presiding Judge's seat.
After listening to Su Bai's statement, Zhu He pondered for a few seconds.
Knock knock!
Ring the gavel.
"Now I ask Nandu Bank to appoint an agent to defend the case."
The pressure was given to Xu Zhiqiang's side.
Xu Zhiqiang looked at the trial materials in front of him and simply put them aside.
Su Bai's series of questions.
The main thing is to highlight a problem, from the common point of interests, to bind the illegal issuance of regulatory funds by Nandu Bank and the unfinished real estate.
For this point.....
Xu Zhiqiang took a deep breath and spoke: "I want to ask the plaintiff's agent ad litem." ”
"Your question, the legal provisions based on which we are based need to compensate for the high interest we have received and the regulatory funds are not in place, right?"
Su Bai: ???
This Xu Zhiqiang, this is digging a hole for himself.
What does it mean to get a high interest rate? The regulatory funds are not in place, so compensation is made.
?!??
Su Bai glanced at Xu Zhiqiang indifferently, and then continued to speak.
"It's not ....."
"The relationship we have identified is that Nandu Bank's illegal operation of capital supervision and lack of supervision have led to the occurrence of unfinished buildings, rather than obtaining high interest and not being in place for regulatory funds."
"In other words, if the real estate developer embezzles funds, Nandu Bank has the responsibility to supervise the funds.
In the case of misappropriation of funds in real estate, Nandu Bank not only failed to fulfill its regulatory responsibilities, but also issued regulatory funds in violation of regulations, resulting in unfinished business, so it needs to pay a certain amount of joint and several liability. ”
Plainly.
The high interest rate and the illegal operation of regulatory funds only make Nandu Bank further responsible.
And not the main plea of this argument.
The main thing is to let them have a relationship of joint and several liability.
Xu Zhiqiang's words are obviously digging a pit.
High interest rates and regulatory breaches are not necessarily linked.
If the plea is made from this aspect, the bank will directly come to the temporary worker and shift the responsibility to the individual.
It will be troublesome.
It is equivalent to deviating from the main contradiction point of this trial.
Push it to temporary workers, it's beautiful to think!
Immediately afterwards, Xu Zhiqiang continued to speak:
"May I ask the plaintiff's litigation lawyer, what is the basis for your argument that we need to bear joint and several liability..?"
"Under which article is joint and several liability?"
Since he can't break through from other places, Xu Zhiqiang can only start from the aspect of laws and regulations.
to achieve the current headwind situation.
Faced with Xu Zhiqiang's question, Su Bai asked rhetorically without thinking:
"According to the contract, the bank is not in place to supervise, or even to issue in violation of regulations, isn't it the responsibility of the bank?"
"What is the relationship between Nandu Bank and Nanjian Real Estate?"
"According to the contract."
"Real estate companies need to ensure that buyers deliver their housing on time."
"Since the bank provides a loan and supervises the funds, it also needs to be responsible for the buyer's purchase funds.
According to the joint and several guarantee liability, both Nandu Bank and Nandu Real Estate need to bear certain responsibilities for the delivery of the house by the buyer. ”
"If the bank fails to protect the regulatory funds in this process, then it will cause the house to be unfinished, and it will need to bear a certain amount of joint and several liability."
Xu Zhiqiang retorted: "But the bank only needs to be responsible for the regulatory funds, and the bank cannot control whether the property is unfinished."
Su Bai spoke:
"If the bank does not issue regulatory funds in violation of regulations and strictly supervise the funds, will Nanjian Real Estate Co., Ltd. misappropriate the regulatory funds? If the regulatory funds are not misappropriated, will there be a situation where the situation will be unfinished? ”
"Ask the bank to appoint an agent to answer this question head-on."
Xu Zhiqiang: .........
He hadn't opened his mouth to refute it.
On the presiding judge's seat, Zhu He sounded the gavel.
Knock knock!
For the plea of both sides, it has actually entered the final stage of the plea.
Judging by the process and outcome of this trial and the plea.
It is obvious that the bank violated the rules to supervise the funds, which led to the failure of the real estate developer.
The banks themselves have a certain amount of responsibility, that's for sure.
But!
The division of responsibilities needs to be divided into priority and secondary phases.
At present, the plea of both sides has been decided, but some issues still need to be clarified.
After sorting out this relationship, Zhu He spoke:
"Regarding the plea of both sides, the collegial panel has heard it."
"In addition to the above points, do the plaintiff and the defendant Nandu Bank have any other views..?"
The main focus of this case is whether the bank needs to bear joint and several liability based on the violation.
It's not too complicated.
The chain of evidence is clear and nothing is too much of a problem.
Plus. The bank is the main party at fault, and Xu Zhiqiang also knows this, so he determined that the case was not easy to fight before the trial.
.
The plea has come to this point.
It is unlikely that either side will have any other point of view.
Su Bai: "Presiding Judge, we don't have any other views. ”
Xu Zhiqiang: "We don't. ”
Knock knock!
The presiding judge, Zhu He, looked down at the litigation materials, and then raised his head to scan Xu Zhiqiang's position from Su Bai's direction.
"In response to the plea of the original defendant and the defendant, the collegial panel has made a general sorting."
"Next, the collegial panel will ask some questions on the plea of both sides."
"Nandu Bank, do you admit that there are illegal issuance of regulatory funds and insufficient supervision of regulatory funds?"
Xu Zhiqiang: "Yes." ”
"So according to the joint and several liability stipulated in the law, what is the most critical factor that you think you are not liable.....?"
"We believe that we should only bear the responsibility for the failure of regulatory funds, and should not bear the responsibility for the unfinished business, because the main body that caused the unfinished is Nanjian Real Estate Co., Ltd., ....."
Knock knock!
"Nanjian Real Estate Co., Ltd., do you agree with this point of view.....?"
In a word, the topic was pulled to Nanjian Real Estate Co., Ltd.
Face this problem.
Wang Jiangyang obviously needs to stand on the same station line as Su Bai.
Why?
Because if the bank is not responsible for this matter, then they will bear full responsibility.
Although insolvency proceedings have been conducted, there can be no ambiguity as to the division of liability.
"Presiding judge, we believe that the situation leading to the unfinished work is multi-directional, and it is not what Nandu Bank said, and the whole reason for the unfinished is Nanjian Real Estate Company."
Xu Zhiqiang: ???
You're backstabbing me?!
Wang Jiangyang: You stabbed us in the back first!
You said that the main body of responsibility is Nanjian Real Estate, so what else can I do.....?
It can only be said that it is ..... to clear the division of responsibilities of the subject.
Besides, I'll say no. Will the presiding judge adopt it?
Do you really think that just a few words can affect the presiding judge's verdict intention?
When the judges of the Supreme Court have no level?!.
….
After Wang Jiangyang's statement was completed, Zhu He, the presiding judge on the trial bench, sounded the gavel.
Knock knock!
"Adjournment is now adjourned!"
"The trial will continue in 30 minutes."
The dull sound of hammer striking sounded in the middle of the trial.
The three members of the collegial panel left their seats.
At the same time, outside the trial, the live broadcast screen was also cut to other places.
In the live broadcast room of the legal commentary.
"Why is the court adjourned? Now that it is at a critical time, why is the court adjourned before the judgment has been made? ”
"That's right! That shameless Nandu Bank, I haven't seen this Nandu Bank sentenced to pay the full amount! ”
"Just let the court decide to go in and forget it!!"
"Nandu Bank is shameless, I think the adjournment is that the members of the collegial panel are discussing how to judge that Nandu Bank has a problem!"
"Possibly!"
.
….….
In the live broadcast room of the legal commentary, Luo Daxiang made a general summary of the audience and fans in the live broadcast room for the trial before the trial adjourned.
On the reasons for the adjournment ....
That's simple....
That is, for the first summary point, it has been divided.
If the plea continues, there is no point, and the next question is the judgment.
But as for how to judge.... Determine whether the bank is responsible for the unfinished building? Determine the extent of the bank's liability.
These are all things that need to be deliberated before they can be decided.
As for how to discuss, Luo Daxiang can only guess a rough idea, and the specific needs to depend on the results of the collegial panel's discussion.
.
….….
On the court court.
Li Xuezhen rubbed her eyes and exhaled lightly.
Call.....
The court was adjourned.....
The eyes can rest for a while ....
Li Xuezhen blinked her eyes and looked at Su Bai: "Lawyer Su.... The court adjourned. ”
Su Bai smiled and nodded: "Well, it's an adjournment." ”
Ma Cheng, a party on the side, spoke: "Lawyer Su.... You just spoke my mind..."
"Why shouldn't Nandu Bank be held responsible? He is uniting with real estate developers to suck the blood of home buyers together! ”
"I think they deserve to go out of business!"
"Oh yes."
"Lawyer Su..... we don't have any problem winning this lawsuit, right?"
"It's hard to say the specifics, but there should be no problem."
Hearing Su Bai's words, Ma Cheng looked at Su Bai excitedly: "That's good, that's good...."
"This lawyer from Nandu Bank is not a good person at first glance, Lawyer Su will definitely be able to do it!"
Su Bai: ........
It depends on the above photo? .
….….
The other side.
Xu Zhiqiang sighed slightly and looked at Wang Jiangyang, who was also in the defendant's seat.
Originally, Nandu Bank was able to continue to plead, which may be able to change the presiding judge's inclination.
But now....
Now that he has encountered Wang Jiangyang's backstabbing....
For this point, to be honest, Xu Zhiqiang can't accept it too much.
Wang Jiangyang noticed Xu Zhiqiang's gaze, but he didn't pay too much attention to it, anyway, this pot couldn't let them Nanjian Real Estate Company carry it all.
Cushion back.... It is a ...... to be able to pull one
….….
The discussion room of the collegial panel.
Zhu He took a sip of tea and looked at the other two collegial panel members, Li Mingfei and Wang Dong.
Li Mingfei and Wang Dong are two judges who are proficient in banking and finance and real estate disputes, respectively.
"The first point of argument in this trial has been completed.... Mingfei, you are proficient in the relevant laws of the banking and financial industry, do you think this Nandu Bank should be held responsible? ”
Li Mingfei smiled: "The bank violated the rules first, since there are violations.... Then there must be a certain amount of responsibility, but this responsibility is divided into primary responsibility and secondary responsibility. ”
"I think that no matter how the bank pleads, this case is caused by the bank's operation of illegal supervision of the lending of funds, as well as improper supervision and lack of strict supervision."
"The reason for the failure is the misappropriation of regulatory funds."
"Since the reason for the failure is because of the misappropriation of regulatory funds, it has nothing to do with the bank."
"But from the subjective point of view, this case was carried out on the real estate side, and the misappropriation of funds was supervised, so I think Nandu Bank should be held secondarily liable."
"Hmm!"
"I agree."
Wang Dong said: "Most of the disputes in real estate are the problems of real estate developers, and due to the signing of a series of contracts, real estate developers do not carry out disputes caused by disputes. ”
"The problem of unfinished business is also the problem of misappropriation of funds by real estate developers."
"I've dealt with a lot of these cases before.... I also know more about the bank, Nandu Bank does have an unshirkable responsibility. ”
"But...."
"A little."
"That is, if we determine that the bank is liable, then the follow-up problems will be caused...."
Li Mingfei nodded: "This is also a problem. ”
Zhu He smiled and nodded: "There is no need to worry about this problem, as far as this case is concerned, there is no problem in determining that the bank is liable, right?" ”
"Nope."
"Nope."
"Well, okay! Then after the trial, the judgment will be made first, and then the responsibility will be divided at the time of the judgment. ”
"Okay...."
Li Mingfei and Wang Dong did not have any opinions.
Zhu He put down the water glass and quietly waited for the court to be held again for a verdict.
PS: Ask for a monthly pass~
(End of chapter)