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Volume 1 Chapter 1040 Domestic Violence

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    The presiding judge and jurors appeared in the courtroom on time, and the lawsuit officially began soon.  This is Liu Xiaotian¡¯s second court appearance in a law firm. It is precisely because he did so well in the first court appearance that Lawyer Hu brought him to fight this important lawsuit this time. Liu Xiaotian¡¯s last court appearance was  The performance is really good.  "Mr. Judge, fellow jurors, my client was originally an honest and stable businessman, running a factory of his own. His factory had an eight-year cooperative relationship with the defendant Yida Sales Company.  We provided them with sound field products with high quality and the lowest price, but eight years of cooperation did not make the other party feel any gratitude. On the contrary, they used contract fraud to deceive my client and put my client in danger." Hu  The lawyer stood up first and spoke slowly. Her tone of voice was high and low, which stirred up the atmosphere very well. Coupled with Boss Zhao's red eyes, it was easy to attract sympathy from others.  "I object" The opposing lawyer also stood up and said loudly to the judge: "Mr. Judge, I object to the slanderous remarks made by the plaintiff's attorney without evidence. My client has indeed cooperated with the plaintiff for eight years, but  There is absolutely no contract fraud. My client has always been a legal businessman who abides by laws and regulations." "The objection is valid. Please pay attention to your wording as the original agent." "Yes, Mr. Judge." Lawyer Hu nodded, although he was confused at the beginning.  She was successfully refuted by the other party, but she didn't pay any attention to it. This situation was what they had thought of when they conducted court deductions in advance. The reason why they said this was to give the judge and jurors the first impression that they were victims.  .  "Your Honor, this is a contract signed by my client and the defendant. The contract stipulates that the repayment will be calculated based on sales, and the amount of payment will be determined based on the final sales. However, there is no explanation in the contract. The defendant used promotions to Accounting for payment during discounts and other price reduction activities. However, the defendant did not notify my client in advance of every promotion and discount. As a result, each time their payment was not only delayed, but also insufficient, or even less than the cost price. They The cost of external promotion is imposed on my client. This is simply the Overlord Clause. According to the 33rd revised edition of my country's "Contract Law", the final interpretation of the Overlord Contract by the 216th Jump stipulates that my client and I I sincerely request the court to rule that this contract is invalid, and that the defendant compensate my client for the insufficient sales amount over the past year. According to the inventory of goods from both parties over the past year, the defendant does not need to pay more than 88.3 million yuan." Lawyer Hu The "Contract Law" was proposed. There is indeed such a provision in the Contract Law. Provisions that are contrary to subjective ideas and obviously unreasonable can be regarded as overbearing clauses, and the contract can be claimed to be invalid and compensation can be claimed.  Lawyer Hu has a master¡¯s degree in law and is very familiar with these basic laws. He directly brought out this provision of the contract law when he went to court.  Liu Xiaotian has been silent. He has been looking at Lawyer Hu and the defendant quietly. The lawsuit is not that easy to fight. It is impossible for them to agree to the lawsuit just because of this. Otherwise, Boss Zhao would not have to drag it out for so long. There are even other people.  I don't want to take this lawsuit.  Lawyer Hu herself never thought she could win in this way. Just like two martial arts masters fighting each other, there must be offense and defense. She is now the attacker, testing the opponent's reaction.  ¡°I object¡± The defendant¡¯s lawyer stood up again and quickly began his statement.  According to him, there is no overlord clause in this contract. It is a mutually agreed and clearly explained stipulation of both parties to settle the payment based on the sales volume of the goods. Moreover, his client has not once withheld the payment or failed to pay it.  The fact of giving payment.  As for promotions and discounts, his client notified the plaintiff in advance each time, and obtained the other party¡¯s approval each time. He also provided Boss Zhao¡¯s signature for each previous promotion or discount.  This is the brilliance of the other party. Every time there is an event, he will tell Boss Zhao. At first, he said that this is also an opportunity to build Boss Zhao's brand. At first, Boss Zhao didn't pay attention. Such activities have happened before, so he signed the contract. Unexpectedly,  Since then, the other party has been doing promotions, discounts and other activities, and even offered free prizes.  According to the new contract, the final payment is determined based on the sales volume, which results in their payment becoming less and less, slower and even less than the cost. This also makes Boss Zhao's business more and more difficult, and the factory becomes more and more difficult.  It¡¯s getting harder and harder.  "This is a third-party report. According to this report, the plaintiff's Hongchang Kitchen Products is already a famous domestic brand, and its brand value has increased by 37% compared with before. This shows that the plaintiff is also the beneficiary.  This is a win-win situation for both parties, so our contract does not have any overlord clauses, nor has there been any fraud. The plaintiff is now dissatisfied with the existing contract with my client because of the rise of the brand, and they want to obtain more benefits.  , This is a sign of bad faith and no integrity.¡± The defendant¡¯s lawyer produced another investigation report, which they commissioned.??Specialized investigation companies, as well as notarization reports from notary offices, are authentic and reliable.  This report shows that the kitchenware produced by Boss Zhao has indeed improved a lot of brand image and value in more than a year, and he has indeed benefited. This is also evidence prepared by the defendant.  Signing proves that he is aware of the promotion and agrees to it. There is a report on brand improvement, which is enough to show that he has gained something and received benefits.  As soon as these two pieces of evidence were laid out, the judge and jurors all looked at Lawyer Hu and Liu Xiaotian.  Lawyer Hu stood up, moistened his throat, and continued: "My client has never denied that the brand value has been improved, but there is no direct relationship between the brand value and the Overlord Clause, and every time my client signs it, it is correct.  It is to prove that there is an overlord clause in this contract. If he does not sign, it means that he does not agree with the promotion, and the defendant can openly refuse to pay. However, it is my client's repeated compromises that whet their appetite. Recently,  I have begun to think about annexing my client's company. If my client's company goes bankrupt and falls into their hands, it means that the increased brand value will become theirs. "I object" The defendant's lawyer stood up again: "Mr. Judge,  The plaintiff's attorney's conjectural and instructive remarks are an insult to my client. They are slandering and slandering my client. They have no evidence to prove that my client has ever wanted to annex.  "Their company's thoughts." "Plaintiff's attorney, please pay special attention to your wording." The judge warned Lawyer Hu again, and Lawyer Hu glanced at Liu Xiaotian. Liu Xiaotian nodded slightly and stood up. "Mr. Judge, fellow jurors  , We are not slandering or slandering them. This is indeed the case. I sincerely request you to submit an image evidence. Mr. Judge and all jurors will know after seeing it." Liu Xiaotian took out a small computer with its own projection equipment and directly projected an image  The projection came out, and Boss Zhao and the manager of the defendant company sitting in the dock appeared. Although Boss Zhao was honest, he was not particularly stupid. The last time he took his secretary to negotiate, he secretly placed a recording device.  Their conversation was all recorded, and it became an important piece of evidence. The defendant's manager's arrogance and what he said were all shown on the video. The defendant's lawyer looked at their client in surprise.  He said such things, and they had no idea that the other party had such evidence. Although this evidence cannot directly prove that the contract contains an overlord clause and cannot directly void the contract, it at least makes it clear that the defendant really has ulterior motives.  What the plaintiff just said was not speculation, but fact. "This is not true. They forged it. They must have deliberately forged it." The defendant manager seemed a little flustered. Obviously, all this was beyond his expectation. He hurriedly shouted.  After distinguishing, the defendant's lawyer shook his head again and sighed slightly. "Such evidence cannot be forged, because it is not direct evidence to prove that the contract is invalid, not to mention that forging evidence violates the criminal law, and they may be punished."  For sentencing, even if the plaintiff forged the video, the other party¡¯s lawyer would consider it and make an appraisal. Since they dare to show it, they have already proven that it is true. ¡°We have our own conclusion on whether it is a forgery or not. Defendant, did you say these things?  ?  "The judge also shook his head slightly and asked the manager in the dock. "No, I definitely never said that." The defendant shook his head hurriedly, and lawyer Hu showed a smile on his lips. He actually denied it, and things had turned in their favor.  The direction is developing. As long as this evidence is proved not to be forged but to be factual, it means that the defendant has lied. It will be difficult for them to say anything later, and both the jurors and the judge will subjectively favor them. This also means that the defendant has lied.  , they have already won half of the lawsuit. Next, they only need to prove that the other party's intention was not pure at the beginning, and set up a contract trap to deliberately lure their client into being deceived. As long as these facts are established, they can claim contract fraud and contract fraud.  Invalid, you can ask for compensation. "Quiet" the judge shouted, Liu Xiaotian has submitted the evidence, the court has a special appraisal agency to identify the video, and then they continue to argue about the contract.  In a few cases, the defendant lawyer denied that Mr. Zhao knew everything, that there was no fraud, that the contract was signed openly, and that there was no threat. Lawyer Hu also provided sufficient evidence.  Prepared, she understood that it was impossible to defeat them based on contract law alone. With the help of previous video evidence, she also cited a large amount of evidence, including the production of Boss Zhao's factory. Their production was extremely standardized, and Boss Zhao was also very good to the workers.  They have always fulfilled their contract with Yida Sales Company, even if the other party deliberately exploited the loopholes in the contract to punish them.There is talk of stopping supply to Yida Sales Company. Because of this, more than half of the high-quality products they produce are sold by Yida Company at such a low price that other companies gradually stop taking goods from them, resulting in the current difficult situation.  .  The whole morning was spent in verbal battles. Liu Xiaotian performed very well. When Lawyer Hu was tired, he would always stand up. Moreover, he not only gave examples of facts, but also gave evidence of "Enterprise Law," "Civil Procedure Law,"  There are many laws and regulations that are beneficial to them, which makes the other party's lawyers overwhelmed.  The trial ended in the morning, and the trial was resumed on another day. However, judging from the performance in the morning, they had already gained an advantage, while the other party was in a hurry, and it was very difficult to cope with the situation.  "Lawyer Hu, Lawyer Liu, thank you very much." At the door of the court, Boss Zhao excitedly held their hands and expressed his gratitude.  The case is not over yet, but at least it has made a good start. The two lawyers have really put in a lot of effort and found out a lot of things that he had never thought of before, all of which are of great use to him.  For example, the "Enterprise Law" mentioned by Liu Xiaotian in the morning mentioned two items in the protection regulations for small and medium-sized enterprises. Enterprises must maintain an equal status in the supply and demand relationship. Enterprises can raise their own objections to the oppressive party.  This is a legally protected existence.  This time it is a contract lawsuit, but the other party is oppressive to them. The judge will also consider this carefully.  "Xiaotian, it's very good." On the way back in the car, Lawyer Hu praised Liu Xiaotian. Liu Xiaotian was more prepared than she thought, and they were all extremely useful things.  "I would also like to thank Lawyer Hu for your help. I have learned a lot during this period of time." Liu Xiaotian smiled and shook his head. His modest words made Lawyer Hu appreciate him even more. She found more and more that the new trainee lawyer recruited by the company was very good.  , he is a talented person, and he is good-looking and has good temperament. It is a blessing for the company to be able to recruit such a person this time.  For a young man with Liu Xiaotian's temperament and excellent appearance, any woman will have other thoughts, and Lawyer Hu is no exception. However, Lawyer Hu knows herself very well. She is three years older than Liu Xiaotian, and she is already engaged.  There was no possibility at all, so she just admired Liu Xiaotian purely.  Back at the company, Lawyer Hu once again affirmed Liu Xiaotian's performance and said that when the lawsuit is won, he will be given a generous bonus as a reward.  The claim amount in this lawsuit has reached more than 80 million yuan. Nowadays, commodity prices have expanded much more than before. After several currency reforms, the current more than 80 million yuan is roughly equivalent to the more than 8 million yuan in Liu Yiyang's era.  It¡¯s not a small figure. If the firm wins such a lawsuit, it can receive a very considerable agency fee. Now that Lawyer Hu has said it, when the lawsuit is won, the bonus will definitely not be lost to Liu Xiaotian, allowing other members of the company to  Everyone is very envious.  There is only one person who I really don't envy, and that is Zhou Qiang. This guy is still thinking about Chen Bing. He has been pestering Liu Xiaotian as soon as he came back. He didn't come when he asked for leave in the morning, so he went to Chen Bing Hospital, but unfortunately he couldn't see him there.  When I reached Chen Bing, I didn¡¯t get any response.  "Xiaotian, congratulations." As soon as Liu Xiaotian sat down, Zhou Qiang came over and congratulated him with a smile and clasped his fists.  "Thank you" "Xiaotian, are you busy tonight? Can you help me if you have nothing to do?" Seeing Liu Xiaotian starting to work on his own, Zhou Qiang said something more. Liu Xiaotian raised his head and glanced at him lightly, then shook his head and said:  "If you have something to do tonight, don't expect me to help you make an appointment with my sister. I can't make an appointment either. If you want to make an appointment, just go by yourself." Zhou Qiang went to Yu Sha in the morning. Chen Bing had already called him at noon. Now Zhou Qiang has  He understood the other party's intention as soon as he opened his mouth. How could he agree to such a thing?  They experience the life of mortals, but he is not helping mortals to chase his sister. He also knows very well that his sister will never fall in love with such a mortal, let alone do such useless work.  "Don't, you know I'm not familiar with her yet, so I don't have to rely on you. Xiaotian, just show your kindness and help me with this. I will thank you deeply in the future." Zhou Qiang hurriedly edited again, and then  He slapped his back, pinched his legs, and nodded and bowed next to Liu Xiaotian. "Mr. Liu, are you free?"  " Xiao Wang came over in time. A woman in her thirties came to the company and wanted to consult a lawyer. Xiao Wang happened to see Liu Xiaotian being entangled by Zhou Qiang, and immediately came to help him out. " Generally speaking,  When important guests come to the company, Lawyer Hu and another partner will receive them in person. Ordinary guests will be received by other formal lawyers. Paralegals and trainee lawyers will rarely receive them. However, there are exceptions, which obviously do not seem to be the case.  Special customers, very ordinary customers, even trainee lawyers are like this. This is a bit of a philistine thing, but it's a pity.This is a common problem in many law firms. They are not refusing to receive clients, nor do they violate their principles. What's more, the clients have not named which lawyer they want to see. Trainee lawyers are also lawyers, so they can naturally accept consultations.  Liu Xiaotian quickly took the customer to the reception room. Xiao Wang also helped make tea. Zhou Qiang could only wait outside helplessly for Liu Xiaotian to come out.  "My name is Liu Xiaotian, and I am a trainee lawyer here. What is your surname?" Today, Li Xiaotian is just like a mortal no matter how he behaves. There is no problem at all. He hides well in the mortal world.  Liu Yiyang was also very pleased. He did not expect that his son could let go of everything and live with the lowest status mortal. This was also an accident for him, and it was even more of a surprise. Liu Yiyang's spiritual consciousness has expanded many times and is still expanding.  , but at this moment he no longer pays attention to other things under his spiritual consciousness. All his attention is on Liu Xiaotian, Ouyang Xuan and the others, watching his wife and children living in the secular world.  Even if they can't be together now, at least they can look at them, which is also a kind of happiness.  "You, are you an intern?" When the woman heard Liu Xiaotian's introduction, she was obviously a little suspicious. Liu Xiaotian nodded gently and said slowly: "Sister, don't worry, although I am an intern, I am also a lawyer. If I can't  To solve your problems, I will naturally report them to you. If you have any questions or difficulties, just tell me." After hearing Liu Xiaotian's words, the woman nodded slightly and said softly: "I, my name is Liu Fei, my husband beat me, I  "I want to sue for divorce." "Domestic violence, divorce?" Liu Xiaotian immediately understood what the woman in front of him meant. In fact, Liu Xiaotian had guessed this from the moment she came in. He had not been in the company for a long time, but he had seen a few people come to inquire about divorce cases.  People, the divorce rate now is higher than before.  However, the problem of domestic violence is somewhat serious. The country has revised its laws and regulations several times, and the restrictions on domestic violence have become more and more strict. Those who have domestic violence are not only at an absolute disadvantage in divorce proceedings, but may also violate criminal laws, and then  Sentence.  Seeing that Liu Xiaotian was silent, the woman slowly opened the clothes on her arms, immediately revealing patches of blue and purple skin underneath.  This woman was wearing ordinary clothes and looked a bit like someone from a small city, but the injuries on her body were real and serious. Liu Xiaotian's eyes immediately narrowed, and he stood up and walked to the woman's side.  The bruises and purple marks, coupled with the woman's pitiful appearance, can easily arouse sympathy. Liu Xiaotian already felt angry in his heart. This was the first anger he felt after integrating into the mortal world, and it was also the first time he saw a beaten woman.  Mortals are not gods. Their bodies are very fragile, and injuries often take many days to heal. The scars on this woman's body look like whip marks. It is hard to imagine anyone being so cruel and cruel to a weak woman.  .  "Ms. Liu, don't worry, your husband's domestic violence will not end well. Our law firm will seek justice for you. Are there any other injuries on your body?" Liu Xiaotian said seriously, and Liu Fei was stunned.  Then he nodded, but then lowered his head, as if there was something unspeakable. Liu Xiaotian looked at her, and soon showed his confusion. He asked Liu Fei to wait for him here, and quickly invited Lawyer Hu over. Lawyer Hu came over.  She was reluctant to take on such a case at first. She had more than just Boss Zhao's case on her hands and was busy with other cases. This kind of divorce case could be handed over to others. But after Liu Xiaotian said how badly the woman was beaten, she immediately decided.  Rushing over, women are all sympathetic, and she was no exception. After she examined Liu Fei's injuries alone, her eyes were red when she came out. She also asked Liu Xiaotian to take her to the forensic examination immediately, and continued to ensure that  , she must help her sue that damn man to death, let him go to jail, and be sentenced. Once such domestic violence is identified by the forensic doctor, the fate of the husband can be imagined. In addition to being sentenced, the assets of the two will not be transferred.  If divided equally, the woman will get most of it, maybe even all of it. This is what Lawyer Hu promised her. Lawyers rarely say what they say. At this time, Lawyer Hu was also affected by the woman's injuries and became a little emotional.  , Liu Xiaotian also sympathized with Liu Fei, but fortunately he was still in a rational state and did not say any promises.
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