Chapter 157 Li Xuezhen Is Excited: 111!
Chapter 157 Li Xuezhen is excited: +1+1+1!
On the eve of another court hearing.
Zhu He is still reviewing basic information about this case.
Two points of defense in this trial.
First, it has been decided whether Nandu Bank will be held responsible for unfinished buildings due to its violations.
The second one below is to accuse Nanjian Real Estate Company of malicious debt evasion.
According to the evidence submitted by the plaintiff, Nanjian Real Estate maliciously evaded debt...
how to say.….
Forget it, let’s take another look.
Zhu He thought silently in his heart.
However...he still found Su Bai, the lawyer, quite interesting.
Bai Jun Law Firm - Su Bai.
He had one or two friends in Nandu who had heard of this law firm.
The reason why he heard about it was that when he was talking to his old friend on the phone, he accidentally mentioned some interesting things between the legal circles of Southern Capital and Northern Capital.
One of his friends mentioned that every time the Bai Jun Law Firm came to Su Bai to litigate a lawsuit.
There will always be some people sent in.
Defendant, defendant's lawyer, judge, witnesses...etc.
Good guy, I almost had a Grand Slam.
He also learned from that friend’s mouth that he was called a lawyer—Songsong Lawyer.
The meaning is simple and clear... just give it away.
However, if this case only accuses the company of malicious debt evasion, the company owner Ye Zhenghuan will not be able to get in...
Not giving it away this time?
Then he would have to have a good chat with his friends.
His thoughts calmed down.
Zhu He was quite interested in the latter point of defense.
But if you give it away...
As the presiding judge, Zhu He didn't know where Su Bai would proceed...
According to the proceedings, it seems that no one can be sent to court at this trial, right?
Thinking of this, Zhu He frowned slightly, then shook his head and stopped thinking.
Time passed quickly. Thirty minutes passed quickly since the adjournment was announced.
At a reconvening hearing with the clerk.
The three members of the collegial panel came to the trial table, and everyone on the scene took their seats.
Zhu He banged the gavel.
After the gavel struck.
Xu Zhiqiang stared closely at the presiding judge's seat.
Zhu He glanced at the defendant's seat lightly, and then spoke:
"The adjournment is over!"
Boom!
"The following is a judgment on whether Nandu Bank's violation of regulations requires it to bear the responsibility for unfinished buildings."
"The collegial panel decided after deliberation:"
"It is determined that Nandu Bank failed to supervise funds and had violations, which has a legal causal relationship with the failure of Nandu Xiushui Garden Community."
There is a legal causal relationship.…
Confirmed?
Xu Zhiqiang was stunned for a moment.
This identification is directly equivalent to explaining that Nandu Bank must bear the responsibility for the unfinished business of Nandu Xiushui Garden Community!
This is equivalent to directly judging that Nandu Bank must bear certain responsibility for the unfinished construction of Nandu Xiushui Garden Community.
However, now only the causal relationship is determined, which is equivalent to only determining the need to bear responsibility, without determining the priority of responsibility.
After a few seconds.
Xu Zhiqiang took a long and slow breath.
In fact, he also knew that there were indeed big problems with the bank during this trial.
But.….
They are banks...
What Xu Zhiqiang originally thought was that as a bank, the court would not impose too harsh a sentence.
An administrative penalty for violating the rules will be imposed. According to the principle of honesty and trustworthiness, a fine of tens of thousands of yuan will suffice.
But now...
It was actually directly determined to bear the relevant responsibility for unfinished work.
Although it is said that only Ma Cheng is currently appealing the lawsuit, Nandu Bank is responsible for the unfinished business.
But this case was decided by the Supreme Court.
What does the Supreme Court’s ruling mean?
The judgment of the Supreme Law refers to the guiding significance in a legal sense.
Once the results of this judgment are announced, my dear, then all the other owners of Nandu Xiushui Garden Community will have to come to visit.
Ask them, Nandu Bank, to assume joint liability?
hiss.…
If this is the case, then one can imagine the subsequent situation of Nandu Bank...
Furthermore, Nandu Bank is not a state-owned bank!
Headache!
"Ready to find a job..."
Xu Zhiqiang thought silently in his heart that if he lost the court trial this time, it would be impossible for him to stay at Nandu Bank...
Boom!
In the presiding judge's seat on the trial table, Zhu He looked at Xu Zhiqiang in the defendant's seat after announcing the verdict.
"Does the litigation attorney of Nandu Bank have any objection to this judgment?"
call.…
His thoughts were pulled back, and Xu Zhiqiang raised his head slightly to look at the presiding judge's seat.
Since the collegial panel has made such a decision, even if it raises an objection, it still needs to provide other opinions and evidence that can subvert the judgment.
Unless there is evidence to prove that their bank did not violate the rules.
Otherwise, no matter how much you say, it will be in vain...
Taking a deep breath, Xu Zhiqiang said:
"Presiding Judge, we have no objection."
After Xu Zhiqiang's voice fell, Wang Wu, who was watching the live broadcast of the trial, exploded.
Originally, under Su Bai's repeated questioning, Wang Wu was nervous, fearing that Nandu Bank would lose the case.
Now.…
Determining what kind of causal relationship Nandu Bank has, this seems to be unfavorable to Nandu Bank.
Why don't you object?
no disagreement? !
What does it mean to have no objection!
Xu Zhiqiang, what are you doing! !
say something!
Refute!
Damn it, let the presiding judge withdraw this verdict!
Otherwise, do you know how heavy the losses of Nandu Bank were? !
Do you still want to do it? Do you know what impact it will have on Nandu Bank after the judgment!
Wang Wu watched the live broadcast of the court hearing, and his heart began to pound.
This Xu Zhiqiang did this at a critical moment!
I should have known that when Wang Li's case was over, he should have been dismissed as the director of the legal department!
This Xu Zhiqiang, he thinks the other party doesn’t want to do it anymore!
Fire him as soon as this case is over!
Xu Zhiqiang:? ? ?
This is in the Supreme Court, how can I refute it? ? ?
If I refuted it on the spot, not only would I lose my job, but I might also lose my lawyer's license...
I'm just a part-time worker...there's no need to work hard...
Besides, this trial originally had problems with Nandu Bank. The result was indeed unexpected, but it was also within a reasonable range.
As for whether to be fired or not, he is already thinking about finding a job. Does it mean anything to him whether to be fired or not? !
No!
In the court hearing, Xu Zhiqiang let out a long sigh.
Li Xuezhen rubbed her eyes excitedly, and Pikachu's eyes flickered.
I am happy in my heart....
Okay, okay, +1.
After rubbing my eyes for a few seconds, I almost rested...
Then his eyes fell on Ye Zhenghuan.
I wonder if Xiao Li stared at people too much in the court hearing.
Ye Zhenghuan noticed it the first time his eyes fell on Ye Zhenghuan.
Looking at Li Xuezhen's eyes, Ye Zhenghuan murmured in his heart for some reason.
What is the lawyer opposite doing...?
Keep looking in his direction.
Don't tell me yet.
As a real estate business owner, Ye Zhenghuan is quite concerned about other aspects.
Being stared at made his heart tremble.
I couldn't help but ask:
"Lawyer Wang said, will the other party's lawsuit affect me? For example, how many days will it take to sit there and eat a big pot of rice?"
Wang Jiangyang smiled: "Don't worry... I have read it. The evidence submitted by the other party cannot be judged as a malicious bankruptcy act. It can only be judged as an ordinary bankruptcy without following the regulations..."
“The most critical thing in this lawsuit is evidence, unless the other party can produce any specific evidence to prove the company’s malicious bankruptcy behavior.
However, generally speaking, it is impossible to investigate any malicious bankruptcy behavior of a company based solely on one's personal abilities, because there are many ways for companies to hide their property.
It is very difficult for individuals to involve various departments to search for evidence.
.
....Besides, the other party did not go through any public prosecution process or anything like that. At most, it was just a fine from the major shareholder of a legal person. It is impossible for the Supreme Court to directly impose a penalty. "
"I understand your worries, Mr. Ye, but don't worry, Mr. Ye, there won't be any other problems in this case."
As a barrister in real estate disputes, Wang Jiangyang knew Ye Zhenghuan very well and was also aware of Ye Zhenghuan's sneaky behavior.
But if you want to convict Ye Zhenghuan in this court trial, it would be sheer comedy to directly involve Ye Zhenghuan.
You can’t say it’s impossible, it’s absolutely impossible!
And according to him, the other party just came to let the bank bear part of the responsibility, and now the purpose has been achieved.
The lawsuit against Nanjian Real Estate Company for bankruptcy and debt evasion is probably just a matter of turning a blind eye and letting it go. At most, a little money can be recovered. Can you really send someone in?
impossible! .
….
"But... the lawyer opposite kept looking at me... I always felt something was wrong..."
"Lawyer Wang, can you apply to have the other party's lawyer stop looking at me during the trial?"
Wang Jiangyang:….
"It won't work if the other party doesn't actively and maliciously influence it..."
"That's okay."
Ye Zhenghuan nodded, trying his best to ignore Li Xuezhen's gaze, and felt a little more at ease.
.
….….
On the court stage, after the judgment was completed and it was confirmed that Nandu Bank's litigation attorney had no objections.
Zhu He continued to circle around the court hearing scene, and his eyes fell on the materials in front of him.
Boom!
“As for the first dispute point in this trial, Nandu Bank’s litigation attorney has no objection.
Let’s start with the defense of the second controversial point in this trial, that is, whether Nanjian Company went bankrupt intentionally and maliciously evaded debts. "
“Now let’s ask the plaintiff’s litigation attorney to make a statement.”
"Good judge."
As the plaintiff's litigation attorney, Su Bai sorted out the materials in front of him and then stated:
"According to our investigation and the evidence submitted, there are irregularities in the bankruptcy proceedings of Nanjian Real Estate Company."
“First: Nanjian Real Estate Company entered bankruptcy proceedings and liquidation without notifying creditors.
The buyers of Nandu Xiushui Garden are legally creditors of Nanjian Real Estate Company. "
"In accordance with the provisions of the Company Law, Article 185:"
“Companies are required to notify creditors when going into liquidation.”
"However, when the company's bankruptcy proceedings were about to be completed, we did not receive a bankruptcy notice from Nanjian Real Estate."
"We are completely unaware of the bankruptcy of Nanjian Real Estate."
"Nanjian Real Estate Company has committed procedural violations."
"That is, subjectively malicious failure to notify."
"Second: According to the submitted materials and the results of the court's investigation, Nandu Real Estate Company stopped the construction of Nandu Xiushui Garden in the month when it obtained regulatory funds from Nandu Bank in violation of regulations."
“According to the financial report of Nanjian Real Estate Company”
"Nanjian Real Estate Company has also entered a debt crisis..."
"I would like to ask the defendant why, after receiving regulatory funds, Nandu Real Estate Company clearly did not continue the construction of the project, but Nanjian Real Estate Company fell into debt so quickly?"
"According to the financial statements of Nanjian Real Estate Company, part of the capital flow of Nanjian Real Estate Company went into the investment funds of several small companies and the dividends of corporate executives."
"I would like to ask the defendant, if they use regulatory funds to increase the dividends of corporate executives, does this constitute malicious debt evasion?"
Ye Zhenghuan turned his attention to Wang Jiangyang.
Wang Jiangyang spoke slowly: "Plaintiff, according to the company's financial report provided by us, Nanjian Real Estate Company became insolvent due to poor management and applied for bankruptcy proceedings."
"Nanjian Real Estate Company, how can there be malicious bankruptcy behavior...?"
"A company's malicious bankruptcy refers to the company's behavior that deliberately harms the interests of creditors. But did Nanjian Real Estate Company deliberately harm the interests of creditors?"
"No."
"Because Nanjian Real Estate Company followed normal bankruptcy procedures and processes, it just failed to notify creditors, which does not constitute intentional bankruptcy."
“Another point is that the management of an enterprise belongs to the scope of enterprise management, if it does not violate the scope of enterprise management.
So no matter what the company does or how it increases the dividends of its executives, it is just a violation of the corresponding rules.
It does not reach the level of illegal crime, nor does it reach the level of malicious bankruptcy and malicious debt evasion. "
"If the plaintiff has evidence, it can present it, but if there is no evidence, please note that this is a live trial in the Supreme Court, so please pay attention to your words."
Tsk tsk….
Do this?
You think you can't prove malicious bankruptcy just by relying on my personal abilities, right?
Su Bai looked at Wang Jiangyang with a smile and breathed out lightly.
Wang Jiangyang raised his eyebrows slightly after noticing Su Bai's gaze.
What does this smile mean?
After thinking for a few seconds, Wang Jiangyang seemed to understand Su Bai's thoughts.
Is this lawsuit an attempt to recover funds misappropriated by supervision?
Executive dividends and investments are indeed partially recoverable.
But why did the other party file a lawsuit alleging bankruptcy and malicious debt evasion?
Wang Jiangyang didn't quite understand this.
What Wang Jiangyang didn't expect was that Su Bai not only wanted to recover the funds misappropriated by supervision...
Of course, there is another idea, which is to send this Ye Zhenghuan in.
He wants both of these!
PS: Please vote for me~