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Volume 1 Chapter 1045 Won the lawsuit

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    "Good morning, Lawyer Liu" Xiao Wang at the front desk is always the first person to arrive at the company. She spends the first half of her time half an hour earlier than others. She has to open the door, clean and wait for others to arrive.  Because of her work, she is very familiar with the temperaments of the company's toxic people. She knows that Liu Xiaotian is never late in the first half of the day and always arrives within five minutes before going to work. She is very prepared. However, if there is a case that has to appear in court  If so, he would arrive half an hour early.  There was a case to appear in court today, so he came very early again and was the first person to arrive at the company besides her.  "Morning" Liu Xiaotian responded with a smile and quickly sat down at his desk to start preparations. The case that will be presented to court today is Boss Zhao's case, which is also the one that Lawyer Hu attaches most importance to among these cases.  Because of the last imaging data, they have a temporary advantage. As long as they can continue to expand their advantage, they still have great hope of winning this lawsuit, recovering losses for Boss Zhao and avoiding his bankruptcy.  Lawyer Hu arrived soon, and the two left together. Xiao Wang looked at their backs with some envy, and finally sighed to himself.  As a young girl, a young girl who is not yet married has some thoughts of having a good time. Liu Xiaotian is good-looking, has a good figure, has temperament, and is capable. Such a person will attract the attention of girls wherever he goes, and Xiao Wang is no exception.  , but she knows herself better and knows the gap between herself and Liu Xiaotian.  Lawyer Hu is also single and capable. She graduated from a prestigious university and is a partner in a firm. Although she is a few years older than Liu Xiaotian, the two seem to be a very good match, a very good match.  Recently, people in the company have begun to discuss this. Xiao Wang has not participated in the discussion, but he has heard it many times. Many people say that Liu Xiaotian and Lawyer Hu have a close relationship. It seems that Liu Xiaotian will become one of the bosses of the company before long.  Every time she heard such comments, Xiao Wang looked a little sad. She buried all these worries in her heart and never said it to the outside world, nor did she plan to say it to the outside world.  In the court, both sides have already sat down, and the judge and jurors have all taken their seats. The difference from last time is that the person sitting next to the defendant has been changed, and it is no longer the same manager as last time.  "Your honor, my original client has resigned for some reason. The trusted manager who came this time is also my client." The defendant's lawyer first stood up and explained the reason. The previous manager had been fired and replaced.  Since Boss Zhao and the others are suing Yida Company, the manager is not a legal person, but just a representative of the company. Even though the person has been changed, the defendant has not changed, so this can be done.  "Shameless and despicable" Lawyer Hu gritted his teeth. The evidence they provided last time was what the manager said, and the manager denied it on the spot. It can be concluded that he was lying. The identification results of the video have been released. It is not a forgery or a forgery.  There are no modifications.  Now that the other party has suddenly resigned the manager and replaced it with someone else, it means that their last heavy punch is no longer effective, or it has become a light punch, because the liar is no longer there, and they cannot directly blame the other party for their last mistake. At most, they can only  You can just say that the other party hired people inappropriately.  When a strong man breaks his arm, their previous advantage is suddenly reduced a lot.  "Plaintiff, please present your new evidence." The judge quickly began to speak. They had reported it to the court before. This time they would have new evidence, so the judge asked them to present the new evidence. "Yes, Mr. Judge."  Liu Xiaotian stood up, took out a dozen documents and handed them to the judge and jurors.  "This is what we hired a third-party investigation company to find out about all the promotions carried out by Yida Sales in this year and a half. Yida Sales has a total of 12 stores and 20 cooperative stores, for a total of 32 stores.  In the past year and a half, a total of 53 promotional activities have been carried out, of which only 27 have used various forms to reduce product prices by more than 30%, and these 27 promotions have only six types of products. These six  All the species are manufactured by one company, that is, produced by our client's factory. These data show that the defendants have been taking advantage of the loopholes in the contract with my client in their activities to build a reputation for themselves, but it is my client who has lost money.  People's interests have caused my client's company to go bankrupt, so we have reason to suspect that the defendant has set a trap for my client before. This is a fraudulent contract with overbearing clauses. The contract should be invalidated and let  The defendant compensates my client for his economic losses." Liu Xiaotian finished this paragraph word by word. He said it unhurriedly, very clearly and clearly.  The judge has finished reading the investigation report. This is a third-party investigation. It has been notarized by a notary public. It can be used as court evidence and is also credible evidence.  This investigation has wasted a lot of their efforts, but now it seems that their previous hard work has not been in vain, and the defendant's lawyer's brows have condensed together.  "Defendant, please explain the reason" "Yes, the law"Your Majesty," the defendant's lawyer stood up and began to say: "As we all know, we are now a market economy, and all products are market-oriented. The plaintiff's promotion of more than 30% off said that only their company's products are completely  There is no reason. Our client considers diversified product promotions, which can open up the market and promote sales. We admit that the plaintiff¡¯s products are of good quality and have a good reputation. Such products are more suitable for promotion.  It is more beneficial to the company, and our client company will also suffer losses from such promotions. "It is true. We do not make a penny for each promotion. Our company accounts can prove this." The defendant manager also said hurriedly  After finishing the sentence, the defendant's lawyer did not sit down and continued: "I just read the investigation report provided by the plaintiff's attorney. It also said that my client conducted a total of fifty-three promotions in the past year and a half.  He only said that the price reduction was more, but did not say everything. This shows that my client does not only use the plaintiff¡¯s products for promotion, and proves that he is not targeting them alone. As for the figures of more than 30% off, I feel very ridiculous.  What the market should do is not determined by investigation, Mr. Judge, I¡¯m done.¡± The defendant¡¯s lawyer sat down after saying this, and Lawyer Hu¡¯s brows were already frowning. The other party¡¯s lawyer is a well-known lawyer from an established law firm, who is better than them.  Zhong Xin¡¯s law firm is much stronger, but Jiang is still very old. The evidence they prepared for so long was overturned by the other party with just a few simple words. However, Lawyer Hu was not discouraged. This is how litigation is, both sides have to attack.  The other party¡¯s weakness is to resolve the other party¡¯s attack. This is just the beginning. After taking a deep breath, Lawyer Hu stood up again and looked at the defendant¡¯s box. ¡°I object to the defendant¡¯s defender¡¯s explanation. The market is not driven by investigation.  , but a sales company with dozens of types of products, 70% of the products in promotional activities come from my client's company, and more than 80% of the promotional benefits come from my client's factory.  Product, why?  It is entirely because of the unfair contract signed between the defendant and my client that my client was forced to pay for the defendant¡¯s activities and promotions. According to Articles 127 and 12 of the Contract Law  Article 18 stipulates that when the two parties to a contract are in an unequal position and one party is forced to act, it can be regarded as an overlord contract. Therefore, I implore Mr. Judge and all jurors to rule that this contract is invalid and allow the defendant to compensate my client for this year.  "The objection is valid, please give evidence to the defendant." The judge said slowly, and Lawyer Hu felt a little relieved. At present, it seems that the judge's thinking is still biased towards them.  They have successfully created the image of the victim, which is very important and will be critical to the future judgment. However, the judge¡¯s attitude is not dominant. If you want to win this lawsuit, you must present more evidence to prove the other party¡¯s contract.  It is a real fraud and overlord contract, so that we can gain more benefits for Boss Zhao. When Lawyer Hu was giving evidence, Liu Xiaotian was not idle. In addition to preparing the following evidence, he was also observing the other party's expression.  Noticing that the defendant's manager had been nervous, making small movements with his hands under the table, and even sweating a little on his forehead, he immediately wrote down these findings secretly and reminded Lawyer Hu that the defendant's lawyer was not panicked.  Although he was an experienced lawyer, the defendant manager was a little embarrassed. This was quickly discovered by Lawyer Hu. After the defendant lawyer defended himself and once again presented the data to talk to the market, Lawyer Hu suddenly stood up and asked the defendant manager:  "Mr. Huang, when did you take over the position of manager?  "Lawyer Hu's question made the manager in the dock stunned for a moment. The manager glanced at the lawyer beside him before replying: "I was the manager who took over five days ago. "Then please explain, before you took over as the manager,  What kind of work do you do? " "Um" Manager Huang panicked a little and looked at the lawyer again.  "I object. What my client did before has nothing to do with this case. This is an unreasonable inquiry by the plaintiff's agent." "No, this is not an unreasonable inquiry. We all know that the agent last time was not this manager Huang, but  It is Manager Li who has been dealing with my client. What Manager Li said before was submitted to the court as evidence during the last trial, but he suddenly resigned. We have reason to suspect that the defendant deliberately allowed him to avoid it.  Yes, deliberately avoiding the last video evidence, so we must ask clearly about the identity of Manager Huang and whether he can really replace the defendant Yida in sales." Lawyer Hu said slowly, the judge nodded slightly and said softly: "Objection  Invalid, the defendant must answer this question. "The judge did support Lawyer Hu. Suddenly the person was changed. Not only Lawyer Hu and others rose up, but even the judge was disgusted with this behavior. Lawyer Hu's reasons were very good. She must understand the other party.  ???There is no ability to represent.  Manager Huang seemed even more panicked. The lawyer beside him gave him an encouraging look. Then he spoke softly and slowly: "I was the company's accountant before I took over as the manager." "Accountant? Has Manager Huang ever had any contact with management?  "Lawyer Hu asked again.  "No, no." When Manager Huang spoke, he kept looking at the lawyer beside him.  "Then do you know about this overbearing contract between my client and your company?" Lawyer Hu stared at him closely and asked quickly.  "I object. Before there is a judgment, no one is allowed to call this contract an overlord contract." The defendant's lawyer was a man of spirit and immediately stood up to object. "The objection is valid. Please pay attention to the wording, attorney of the plaintiff." The judge nodded, but also looked at it.  looking at the defendant's manager.  "Yes, Mr. Judge, does Manager Huang know about this contract between my client and your company?" Lawyer Hu removed the word "overlord" and asked again. Manager Huang became even more panicked and nodded first.  Shaking his head again.  "Do you know or don't you know?" "I know" "Do you know the content of this contract, or do you know that this contract exists?" Lawyer Hu pressed forward step by step.  "I know this contract exists." Manager Huang has already begun to wipe his sweat.  "So, you don't know the specific contents of the contract at all?" "Yes, that's true." Manager Huang's tone of voice became much lower, and the lawyer next to him frowned tightly.  Lawyer Hu stopped looking at Manager Huang and looked at the judge: "Your Honor, I have reasons and I completely believe that the other party's attitude is contemptuous and unreasonable. An accountant with no management experience suddenly became a manager. He even  We don¡¯t even know the contents of this contract. We fully believe that the defendant is just playing the substitution trick again to evade the video evidence from the last time. Although the manager is no longer on the job, he was indeed the defendant¡¯s manager when he said those words.  Those words can completely represent the attitude of the defendant. "I object." The defendant's lawyer stood up again.  "The objection is invalid. The defendant is Yida Sales Group, and the previous manager can be regarded as representing your company." The judge shook his head gently, and another stone fell in Lawyer Hu's heart. As long as this evidence is established, everything the other party has done before will be in vain.  Their advantage is also more obvious. The other party in today's trial only insisted on the contract and signature, indicating that all this was done with Boss Zhao's knowledge and his permission. "We have never denied that our client knew these situations.  But knowing does not mean that you are willing. For the sake of the factory and the eight-year cooperative relationship between the two parties, in fact, our client has been compromising until they discovered their true purpose." Lawyer Hu glanced at Liu Xiaotian, and Liu Xiaotian took out a written document again  evidence and video footage.  The written evidence is the joint signature of more than 50 employees of Boss Zhao's factory. They prove that Boss Zhao is not willing to pay for the defendant's promotion every time, but the defendant is their main sales company and is restricted by the contract. For the sake of the entire company, he only  They could lose their current interests again and again, but they didn't expect that the other party had evil intentions and was targeting them from the beginning.  The image data is part of the surveillance video of Boss Zhao's company, which proves that Boss Zhao has objected to this kind of activity every time, but the representatives of Yida Sales Company became more arrogant every time, and in the end they even forced Boss Zhao to sign. Don't you?  Sign and you will be responsible for all losses.  That¡¯s not all, Liu Xiaotian also found several other companies doing business with Yida Sales, and he didn¡¯t know how he got their contracts. They were completely different from Boss Zhao¡¯s contract, and their contracts were much more formal.  "Mr. Judge, fellow jurors, all I can say about this case is that honest people are bullied. The defendant Yida Sales took a fancy to my client's honest and loyal character, so he set a trap and first deliberately sacrificed me.  It is for the interests of my client to do sales promotion for them, and then I find that my client is not worthy of my reputation, and I want to completely annex my client's company. This is a shameful and despicable criminal act" "I object, the plaintiff's attorney  This is arbitrary speculation and slander without evidence." The defendant's lawyer said loudly. The judge glanced at him and shook his head again: "The objection is valid. The plaintiff please pay attention to your wording." Although the judge rejected lawyer Hu's statement, he shook his head at the defendant's lawyer.  , which shows that he actually agrees with everything lawyer Hu said in his heart, but the court is a rigorous place and will not be dominated by the judge's personal emotions. He must maintain the order and rules of the court.  Liu Xiaotian discovered all these small details and secretly told Lawyer Hu.  Lawyer Hu continued to give evidence, and the other lawyer¡¯s eyes were full of surprise. They did not expect that Lawyer Hu would find so much evidence, and even the testimony of Yida Sales Company¡¯s own insiders, which made him extremely passive. ? ? ? ? ? ? ? ? ? ? ? ???Lawyer Hu and the defendant's lawyers were not so well prepared. They still argued that Boss Zhao was fully aware of, allowed and approved of all the defendant's actions. Faced with several accusations made by Lawyer Hu, they did not show any evidence.  Real explanation.  The trial is finally over. Neither Lawyer Hu nor the other party has left. The verdict will be made today. The judge and jurors have reached an agreement and the trial results will be announced in an hour.  The verdict was about to be announced after two trials, which made Lawyer Hu a little nervous, not to mention Boss Zhao, but Liu Xiaotian was very calm and kept persuading the two of them.  They have done everything they should do, and they have tried their best. If this still doesn't work, there is nothing they can do.  An hour later, the judge and the jurors finally came out. This time, even the defendant's lawyer was a little nervous. This time, their confidence was very small. They did not expect that the other side would have so much evidence. They ignored the enemy and ignored this.  A small law firm.  "Hongchang Kitchenware" The judge first gave an introduction to the lawsuit, and then began to announce the verdict: "The purchase and sale contract signed by the defendant Yida Sales Co., Ltd. and the plaintiff Hongchang Kitchenware violated the principles of justice and fairness. Both parties did not  Being in the same position, according to Articles 127, 128 and 331 of the Contract Law of the People's Republic of China, the judgment is now as follows: 1. The defendant Yida Sales and the plaintiff Hongchang Kitchenware Co., Ltd.  The signed purchase and sale contract is invalid. Secondly, the plaintiff's claim for compensation of 88.3 million yuan will not be accepted because there is no detailed evidence. If the defendant is not satisfied with the judgment" "Win" Lawyer Hu showed a bright smile on his face,  Boss Zhao also seemed extremely excited. He had won, finally won. He no longer had to be restricted by this damn contract, and his company had new hope.  Liu Xiaotian also smiled. This result was not beyond his expectation. With so much preparation and so much evidence, it would be strange not to win.  "It's a pity that the more than 80 million yuan can't be recovered. Boss Zhao is very open-minded about this. It's good not to be restricted by this contract. It is basically impossible to get back the lost money.  Lawyer Hu and Liu Xiaotian have also considered this. In any case, all promotional activities were signed by Boss Zhao himself. There is no reason to ask for losses now. The court's decision is completely normal and the case can be won.  It is the most ideal result that Boss Zhao will no longer be restricted in the future.  If it weren't for this damn contract, Boss Zhao's factory may have reached a new level. Now everything will have to go back to more than a year ago and start over. However, with this lesson, Boss Zhao will be more cautious and cautious in the future.  I believe he won't make the same mistake again.  The defendant did not appeal, which was somewhat beyond Lawyer Hu¡¯s expectation. She thought the defendant would appeal in court.  Liu Xiaotian somewhat understands this. The existing evidence is very sufficient. Even if the appeal is very likely, the original verdict will be upheld and there will be no retrial. Such an appeal is meaningless. The other party is a big law firm. They have already seen this lawsuit.  He is very transparent and will not appeal rashly even though he knows that the outcome of the appeal will not be very good.  As for whether Yida would appeal after the sale, Liu Xiaotian didn't think too much about it. If they appealed, the lawsuit would continue. However, during this period, the contract was invalid and could no longer bind Boss Zhao.  "Thank you, thank you very much." At the door of the court, Boss Zhao bowed deeply to Lawyer Hu and Liu Xiaotian. He knew very well that these two lawyers had put in everything in this case, and every piece of evidence was  The culmination of their hard work, and precisely because of so much evidence, they finally won the lawsuit.  "This is what we should do. If anything happens to Boss Zhao in the future, he can come to us at any time." Lawyer Hu helped him up, and Boss Zhao seemed very emotional. He didn't ask Lawyer Hu and the others for this case at the beginning.  Some big law firms were not favored by others, and they eventually fell into the hands of Lawyer Hu.  Facts have proved that hard work will pay off, and he did not find the wrong person. Small law firms cannot be represented without representation. This lawsuit is tantamount to a slap in the face to those big law firms.  Liu Xiaotian also believes that after this case spreads, their firm's reputation and status will be greatly improved, and they will take on more cases in the future. They will be busier in the future, and similarly, the company will also move as quickly as possible.  It is developing at an upward speed and has good room for development.  Lawyer Hu also glanced at Liu Xiaotian. She knew very well that without Liu Xiaotian's hard work in searching for evidence, even if this lawsuit could be won, it would not be what it is now, let alone such an easy case. She was said to be in charge of this case, but most of it  All the credit belongs to Liu Xiaotian. This is a real talent, a very good talent. She is also very lucky.
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