In the courtroom, in the face of the current situation, Su Bai remained silent.

In this trial, the defense was very well prepared.

Let's not talk about anything else, let's just talk about the evidence prepared by the defense.

Now that the evidence is directly in front of us, the defense will have an absolute advantage in this trial.

Because one side does not have sufficient evidence to refute the other side, but the other side's evidence is obviously more adequate than they are prepared.

The point is!

Judging from the current situation, the evidence they provided at this trial is obviously only a simple label evidence, not actual legal contract evidence.

Plainly.

As plaintiffs, they submitted evidence such as guaranteed wealth management provided by a third party, which was only considered to be capital protected wealth management based on the capital guaranteed wealth management displayed by the third party.

The other party is determined to be non-principal-guaranteed wealth management according to the content of the agreement.

It is equivalent to a verbal agreement, and the other is a content contract signed in black on a white background.

Who does the presiding judge listen to?

Which evidence will the presiding judge admit?

Obviously, the presiding judge must have adopted the evidence in the agreement.

Because when purchasing wealth management, according to the law, the parties must read the content of the agreement and admit that their own risks are borne by themselves.

Judging from the current situation, this trial is very difficult to handle.

On the bench of the court, the presiding judge looked at Su Bai on the plaintiff's seat and asked:

"At present, the defendant has issued relevant evidence, and according to the evidence issued by the defendant, it can be clearly seen that according to the content of the agreement, the plaintiff party purchased non-principal-guaranteed wealth management."

"What is the opinion of the plaintiff's lawyer on this point?"

Su Bai breathed a sigh of relief and spoke: "Presiding judge." ”

"We have just presented evidence to prove that our party is subjectively willing to purchase capital guaranteed wealth management."

"And the third-party purchase shows that it is also capital protected."

"Therefore, although the plaintiff has issued relevant materials, our party in this case determined that it purchased principal-guaranteed wealth management and existed as a bona fide third party."

At this time, Yu Manchun interrupted Su Bai's statement:

"Regardless of whether the plaintiff is a bona fide third party or not, according to the evidence presented by the plaintiff, it is proved that this is only the responsibility of the platform, and the responsibility of the parties, not our bank."

"Our bank is very clear in the agreement that it is non-principal guaranteed."

"The plaintiff did not read the provisions of the agreement clearly, which is the responsibility of the plaintiff, and the agreement was clearly written, and the plaintiff did not read the content of the agreement clearly and purchased this non-financial management principal protection product.

Whether it is the subjective will of the plaintiff or not, the fact occurs, the responsibility is already very clear, and the party bears its own fault responsibility, how can the corresponding problems be handed over to the bank? ”

"In this process, the bank is also a secondary victim."

"Therefore, according to the statement of the lawyer entrusted by the plaintiff, the plaintiff should not file a lawsuit with our Laihai Bank, but should negotiate with the third-party platform to confirm whether the third-party platform has violated the rules."

"Say it again."

"Regardless of whether the platform is responsible or not, in this trial, Laihai Bank is not responsible."

“？”

Facing the statement of the lawyer's appointment to the defense, Su Bai frowned slightly.

Then he said: "I don't understand why the lawyer entrusted by the defendant said that this is the responsibility of the third-party platform, the responsibility of our client, and the identity of the bank as a secondary victim." ”

"The third-party platform clearly marked that this is capital-guaranteed wealth management, and we asked the third-party platform, and the third-party platform told us that they marked the capital-guaranteed wealth management, which is through the bank's notice and the materials submitted by the bank to confirm that this is the capital-guaranteed wealth management."

"The third-party platform only carries out the distribution responsibility of one platform, and does not assume other responsibilities."

"Therefore, this marked capital preservation and wealth management is also a problem for banks."

"Does the bank use this kind of illegal behavior to attract investors to manage their finances?"

"Since it does not comply with the corresponding regulations, it is not a matter of legal liability of the purchaser, and the purchaser does not have to bear the corresponding legal responsibility."

"In this case."

"We have reasonable suspicions that the so-called inconsistency between the terms of the remarks and the terms in the agreement is that Laihai Bank has deliberately deceived investors by engaging investors to raise funds through illegal and illegal operations."

"Presiding judge, in this case, we believe that an adjournment should be conducted."

"Let's further confirm whether it is Laihai Bank's behavior of attracting investors to raise funds through illegal and illegal operations, and deliberately deceiving investors."

Yu Manchun continued to retort: "We do not agree with the client's view. ”

"The client's litigation application just now clearly stated that the entrustment claim of the application is to protect the principal-guaranteed wealth management products purchased by the plaintiff entrusted to the parties."

"However, we have submitted evidence that the plaintiff entrusted the party to purchase a non-principal-guaranteed wealth management product."

"Although the plaintiff raised doubts about whether we were operating in violation of the law."

"But what about the evidence?"

"The plaintiff and the entrusted lawyer only relied on oral statements to state what illegal operations we had done, but is there a possibility that there was a problem with the third-party platform and there was a wrong label?"

"In the absence of evidence, the plaintiff's lawyer shouldn't slander us like this, right?"

"I remember that the plaintiff entrusted the client, but a well-known lawyer in the country, as a well-known lawyer, should know that in the trial, you need to rely on sufficient evidence to be convincing and obtain legal support."

"Now the plaintiff is entrusting a lawyer to dismiss our argument just on suspicion, is that obviously inappropriate?"

Yu Manchun smiled slightly, looked up at Su Bai, this time, she seized the opportunity and directly asked this nationally renowned lawyer speechless.

Of course.... In this kind of trial, in fact, everyone has similar knowledge of the law.

It mainly depends on the entry point of the case in the trial, and how to fight the case to ensure the parties' right to entrust litigation.

Like the average large company, when signing a certain agreement, it has to go back and forth with the legal counsel and the relevant law firms.

Confirm that there are no legal issues and legal loopholes before signing a legal contract.

In this case, even if the other party finds a well-known law firm, it is impossible to overturn the legal contract even if it finds a well-known lawyer.

So.... In the current situation where the evidence is biased in favor of the defendant, she occupies the absolute initiative.

Needless to say, just asking the other party to show evidence can form a reversal in this case.

But does the other party have evidence?

At least for now, there is no evidence.

Yu Manchun also knew in his heart that what Su Bai said was basically the truth.

In her investigation, Laihai Bank did have illegal labeling, which is strictly prohibited by law, and if it is judged to be illegal, it may face accusations of illegal fundraising.

But in this case, the point of view she stands on is the point of view of Laihai Bank.

What she needs to ensure is the legal rights and interests of Blue Ocean Bank.

What the other party said is true, but you have no evidence for what you said?

I'll just grasp the point that you don't have evidence, and you can directly prosecute this trial.

Faced with the fact that the lawyer entrusted by the defense kept asking for the corresponding evidence, Su Bai frowned.

In this case, as the plaintiff, they prepared the evidence at the beginning to sue the defendant.

But.... No one could have imagined that the other party would have violated the rules in this case!

And it is an illegal fundraising in the form of deception.

Truly....

At the current trial, he has no evidence and cannot form a strong accusation against Laihai Bank.

But....

Even if the trial was lost in the first instance, the other party also exposed a fatal key point, that is, there were illegal operations.

This kind of self-exposure can be said to hurt 1,000 enemies and 800 self-inflicted damage.

Su Bai also knew very well in his heart that because the other party had actual evidence in this trial, he would continue to fight and definitely lose the case.

So instead of arguing with the lawyer entrusted by the defense, he applied to the presiding judge:

"Presiding judge, Fang believes that there are still many problems in this case, for example, the evidence provided by our side can prove that the wealth management products sold by the other party are principal-guaranteed wealth management."

"However, the evidence provided by the other party proves that the wealth management products sold by Laihai Bank are non-principal-guaranteed wealth management."

"There is a certain amount of controversy over the evidence on both sides, and the evidence on both sides is accurate and existential."

"In this case, in accordance with the law, an adjournment may be held to confirm whether there is a violation of the evidence of both parties."

"Presiding judge, we have submitted an application for an adjournment."

The presiding judge on the bench did not expect such a situation.

If the case continues, then the defense will definitely win.

However, there is a situation in the defendant, just like Su Bai stated, the situation shown by the wealth management products sold by the defendant is consistent with the evidence presented by the plaintiff.

However, it is inconsistent with the agreement in the sale of wealth management products.

Is there any violation of laws and regulations?

Chances are!

After the presiding judge clarified this point, he turned his head to look at the plaintiff's seat: "The plaintiff." ”

"Your application for an adjournment just now has a certain basis."

"However, the lawsuit application you have filed so far, that is, the pleadings of the first instance, does not correspond to the current defense."

"Don't ask for an adjournment, withdraw the lawsuit for the time being."

"Withdraw the lawsuit, after sorting out the evidence, and then submit a request for trial."

Regarding the presiding judge's suggestion, Su Bai nodded and agreed.

In the absence of a verdict, the plaintiff has the right to withdraw the lawsuit in a civil case.

In this case, whether the court is adjourned or the case is withdrawn, the final result is the same.

Just the withdrawal of the lawsuit means that the trial is actually lost by their side.

Even if no sentence is pronounced .... In the eyes of a normal lawyer, it is also equivalent to losing the case.

decided to withdraw the lawsuit and walked out of the court, Li Xuezhen had a serious face.

"Lawyer Su.... This case was originally a sure winning case, and the other party was basically the violator of the law and should be compensated accordingly. ”

"But... The evidence presented by the other party turned out to be based on the content, in accordance with the terms of the purchase of wealth management, and the agreement in the terms belonged to non-principal-guaranteed wealth management. ”

"Isn't that more serious?"

"This involves illegal fundraising, right? completely deceived the investors and swept away more than 400 million! ”

"This person is inevitably too bold, if he comes to Hai Bank to do this, isn't the person in charge afraid of criminal punishment?"

Su Bai nodded: "The situation involved in this case is still relatively serious, and it is more complicated than we imagined before. ”

"Let's not talk about anything else.... Who can write capital guaranteed wealth management on the third-party platform review, but the actual content of the agreement is non-capital protected wealth management? ”

"The third party has the right to supervise!"

"The average third party wouldn't take such a big risk to do this kind of thing for some banks, because it's a job smashing a signboard."

"This is indeed a relatively bold person to come to the bank."

Li Xuezhen: "Then what should we do now?" ”

Su Bai was silent for a few seconds:

"In this case, Laihai Bank must have violated laws and regulations, and directly report this to the CBRC."

"Ask the CBRC to investigate this matter."

"The court does not have much regulatory power in this regard, and it does not have the ability to require third-party platforms to obtain relevant data, mainly depending on the attitude of the CBRC, which belongs to the regulatory power of the CBRC in this matter."

"If the China Banking Regulatory Commission investigates this matter and believes that Laihai Bank is in violation of laws and regulations, then we can directly take the evidence to accuse."

"Now it's just that the procedure is a little more troublesome."

"Let's take a look at the CBRC's investigation first."

"Hmm!"

Li Xuezhen nodded seriously.

On the other side, after Yu Manchun left the court, he glanced at the backs of Su Bai and the others.

As a cooperative law firm of Laihai Bank, it is also the entrusted lawyer in charge of this case.

Yu Manchun knows some inside information more or less, at least in the circulation of gossip, Yu Manchun is very clear.

If Su Bai wants to determine that Laihai Bank has raised funds in violation of laws and regulations through formal means, it is basically impossible.

This time, the trial has now been withdrawn, and Su Bai has no chance.

This is the result of discussions between Yu Manchun and many of the managing partners in the law firm.

"This time, Baijun Law Firm is probably going to be planted in this case."

"If you get involved in this financial case, I am afraid it will be difficult to get involved in the financial case in the future."

Yu Manchun thought silently in his heart, and at the same time rejoiced.

There is competition between peers, and Baijun Law Firm cannot intervene in financial cases in the future.

Then for them, obviously, a good thing!.

….

PS: Ask for a monthly pass~

(End of chapter)