Chapter 1040 Domestic Violence
The presiding judge and juror appeared in the trial court on time, and the lawsuit began soon.
This is Liu Xiaotian's second time in court after entering the law firm. It is precisely because he did a very good job in court that Lawyer Hu brought him to fight this important lawsuit this time. Liu Xiaotian's performance in court last time was indeed very good.
"Mr. Judge, all the jurors, my client was originally just an honest and stable businessman who ran his own factory. His factory and the defendant Yida Sales Company have had an eight-year cooperative relationship. They have always provided them with soundstage products at the best quality and the lowest price. However, the eight-year 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."
Lawyer Hu first stood up and said slowly that her tone was high and low, which inspired the atmosphere very well. Coupled with Boss Zhao's red eyes, it was easy to attract sympathy from others.
"I object"
The other lawyer also stood up and said loudly to the judge: "Mr. Judge, I object to the plaintiff's agent's slanderous words 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 the law."
"The objection is valid, please pay attention to your words"
"Yes, Mr. Judge"
Lawyer Hu nodded. Although the other party was refuted successfully from the beginning, she didn't care at all. This situation was what they thought of when they deduced in court in advance. The reason for saying this was to give the judge and the jurors the first impression that they were victims.
"Judge, this is a contract signed by my client and the defendant. The contract stipulates that the payment is calculated based on the sales situation and the final sales amount is determined by the amount of payment. However, the contract does not state that the defendant used promotions, discounts and other price reduction activities to calculate the payment. However, the defendant did not notify my client in advance of each promotion and discount. As a result, their repayment was not only delayed, but also insufficient, or even insufficient cost price. Their external promotion costs were imposed on my client. This was simply a tyrant clause. According to the 33-year revised version of the Contract Law of my country, the final interpretation of the tyrant contract of the second and sixth trip, my client and I beg the court to judge the contract invalid, and the defendant compensated my client for the insufficient sales for the past year. According to the list of goods on both sides over the past year, the defendant needed not to pay 88.3 million yuan for the purchase of goods."
Lawyer Hu proposed the Contract Law. There is indeed such a provision in the Contract Law that violates subjective ideas and is obviously unreasonable can be regarded as an overbearing clause, and can claim that the contract is invalid and demand compensation.
Lawyer Hu has a master's degree in law and is very familiar with these basic laws and regulations. He went to court to directly bring out the provisions of the Contract Law.
Liu Xiaotian had never spoken. He kept looking at Lawyer Hu and the defendant quietly. The lawsuit was not so easy to fight. It was impossible for them to agree to this lawsuit because of this. Otherwise, Boss Zhao would not have to delay it for so long, and some others were even unwilling to accept the lawsuit.
Lawyer Hu himself never thought that he could win this way. It was like two martial arts masters fighting, and they always had to attack and defend. Now she was the attacking side and test the other party's reaction.
"I object"
The defendant's lawyer stood up again and soon began his statement.
According to what he said, there is no overbearing clause in this contract. The settlement of the payment based on the sales volume and sales volume of the goods is a joint agreement between the parties and the provisions clearly explained. Moreover, his client did not deduct the payment for the goods at once and did not pay the payment for the goods.
As for promotions and discounts, his client notified the plaintiff in advance every time, and received the other party's approval every time. He also provided the signature of Boss Zhao's previous agreement to the promotion and discount.
This is the other party's cleverness. Every time there is an event, I will tell Boss Zhao that it was also an opportunity to start Boss Zhao's brand. Boss Zhao didn't care at first, and there were such activities, and he had not written them. However, he did not expect that the other party would continue to do promotions, discounts and other activities, and even used free as prizes.
According to the new contract, the final payment for goods is determined by the sales, which has led to their reimbursement of less and slower, and even less costly, making Boss Zhao's business more and more difficult and the factory more and more difficult.
"This is a third-party report. According to this report, the plaintiff's Hongchang Kitchen is already a famous domestic brand, and its brand value has increased by 37% compared with the previous one. This shows that the plaintiff is also the beneficiary, and this is a win-win situation for both parties. Therefore, our contract does not have any overbearing terms and has not had any fraud. The plaintiff is now dissatisfied with the existing contract with my client because of the brand increase. They want to get more benefits. This is a manifestation of untrustworthy and lack of integrity."
The defendant's lawyer came up with another investigation report, which was made by them entrusted a special investigation company and notarization from the notary office, which was authentic and reliable.
This report shows that the kitchenware produced by Boss Zhao has indeed improved a lot of brand image and value over the past year, and he has indeed benefited. This is also evidence that the defendant was shocked to prepare. With Boss Zhao's signature, it proves that he is informed and agreed to the promotion. The report on brand improvement is enough to show that he has gained and gained benefits.
As soon as these two evidences were released, the judge and the juror 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 the brand value and the overlord terms have no direct relationship. Moreover, every time my client signs, it proves that the contract has overlord terms. If he does not sign, it means he does not agree with the promotion. The defendant can refuse to pay openly. However, it is my client's compromise again and again that has greatly increased their appetite. Recently, he has begun to think about replacing my client's company. If my client's company goes bankrupt and falls into their hands, it is also equivalent to the increased brand value becoming all of them.
"I object"
The defendant's lawyer stood up again: "Mr. Judge, the plaintiff's agent's guidance speech in his guessed words is 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 redeem their company."
"Plaintiff's agent, please pay special attention to your words"
The judge warned Lawyer Hu again, and Lawyer Hu looked at Liu Xiaotian, who nodded slightly and stood up.
"Mr. Judge, all jurors, we are not slandering or slandering them. This is true. I urge you to submit a video evidence. Mr. Judge and all jurors will know after seeing it."
Liu Xiaotian took out a small computer, which comes with projection equipment and projected a piece of image directly. Boss Zhao and the defendant company manager sitting in the dock appeared inside.
Although Boss Zhao is real, he is not particularly stupid. Last time he took his secretary to negotiate, he secretly placed a secret recording device and recorded all their conversations, which also became an important piece of evidence.
The defendant's arrogant look and what he said were all displayed on the image. The defendant's lawyer looked at their client in surprise. They didn't know anything about what he said and what he had in his hands.
Although this evidence cannot directly prove that the contract contains overbearing clauses and cannot be directly invalidated, it can at least make people understand that the defendant has really made a purpose. The plaintiff's words just now are not speculations, but facts.
"This is not true, it is their forged, it must have been intentional forged."
The defendant manager seemed a little panicked, obviously all this was beyond his expectations. He hurriedly decided loudly, and the defendant lawyer shook his head again and sighed slightly.
Such evidence will not be forged, because it is not direct evidence to prove that the contract is invalid. What's more, forging evidence violates the criminal law. If they are not done well, they will be sentenced. Even if the plaintiff forged the video, the other party's lawyer will conduct a deliberation. Since they dare to take it out, they have already proved that this is true.
"Is it a forgery? We have our own identification conclusion. Defendant, have you said these words?"
The judge also shook his head slightly and asked the manager in the dock.
"No, I definitely haven't said that." The defendant shook his head in a hurry, and a smile appeared on the corner of Lawyer Hu's mouth.
He actually denied that things were already developing in their favor. As long as this evidence was proved to be not forged or fact, it would be equivalent to saying that the defendant had lies. It would be difficult for them to be accepted later, including jurors and judges, subjectively, tend to favor them.
This also means that they have won half of the lawsuit. Next, as long as they prove that the other party’s purpose is not simple at the beginning, they set up a contract trap and deliberately lure their client into a trap. As long as these facts are established, they can claim contract fraud and the contract is invalid and they can ask for compensation.
"Quiet"
The judge shouted loudly, Liu Xiaotian had submitted the evidence, and the court had a special appraisal agency to identify the video, and then they continued to refute the contract matter.
Both parties gave many examples, and the defendant's lawyer killed Boss Zhao and knew everything. There was no fraud. The contract was signed under the circumstances of Guangming and public, and there was no threat to deny the evidence of Lawyer Hu and the others.
Lawyer Hu also made sufficient preparations. She understood that it was impossible to break them by contract law alone. With the help of previous video evidence, she also provided a lot of evidence, including the production of Boss Zhao's factory. Their production was extremely standardized, and Boss Zhao was very good to the workers. They had always fulfilled the contract with Yida Sales Company. Even if the other party deliberately used the contract loopholes to rectify them, they never said that they would stop supplying Yida Sales Company. Because of this, most of the top products they produced were sold at a low price by Yida, so that other companies gradually stopped getting goods from them, causing the current difficult situation.
He spent the whole morning in a verbal battle. 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 provided evidence of the "Enterprise Law," the Civil Procedure Law, and many other laws and regulations that were beneficial to them, which made the other lawyers overwhelmed.
The trial ended in the morning and the trial was held on a date to continue. However, judging from their performance in the morning, they had already gained an advantage, while the other party was a little busy and it was very difficult to handle it.
"Lawyer Hu, Lawyer Liu, thank you really
At the door of the court, Boss Zhao held the two of them excitedly and kept grateful.
The case is not over yet, but at least it has already made a good start. The two lawyers have indeed paid a lot and found a lot of things that he had never thought about before. These are of great use to him.
For example, in the "Enterprise Law" cited by Liu Xiaotian in the morning, two articles were mentioned in the protection regulations for small and medium-sized enterprises. Enterprises must maintain equal status in the supply and demand relationship, and enterprises can raise their own objections to the oppressive party. This is an existence protected by law.
This time the case was a contract lawsuit, but the other party was oppressive to them, and the judge would also carefully consider this.
"Xiaotian, very good"
In the car when she returned, Lawyer Hu praised Liu Xiaotian, saying that Liu Xiaotian's preparations were more fully prepared than she thought, and they were all extremely useful things.
"I would like to thank you for your help at Lawyer Hu, which allowed me to learn a lot during this period."
Liu Xiaotian smiled and shook his head. His humble words made Lawyer Hu appreciate more. She increasingly found that the company's newly recruited intern lawyer is very good. He is a talented person, and he is good-looking and has temperament. It is a blessing for the company to recruit such people this time.
Any woman will have other ideas about a young man with a temperament and excellent appearance like Liu Xiaotian, and Lawyer Hu is no exception. However, Lawyer Hu is very clear about herself. She is three years older than Liu Xiaotian and is already engaged. There is no possibility for the two of them, so she only has a pure appreciation of Liu Xiaotian.
Back at the company, Lawyer Hu once again affirmed Liu Xiaotian's performance and said that if he wins this lawsuit, he will definitely give him a generous bonus as a reward.
The lawsuit's claim reached more than 80 million, and the current price has expanded a lot than before. After several currency reforms, the current 80 million is roughly equivalent to the 8 million in Liu Yiyang's era. It is also a big number. If you win such a lawsuit, the firm can receive a considerable agency fee.
Since Lawyer Hu has already said it, when the lawsuit is won, the bonus will definitely not be missing Liu Xiaotian, which makes everyone else in the company envious.
There is only one person who really doesn't envy, that is Zhou Qiang. This guy is still thinking about Chen Bing. When Liu Xiaotian comes back, he gets pestered him. He takes leave in the morning and doesn't come, but just goes to Chen Bing's hospital. Unfortunately, he didn't see Chen Bing, and he received no response.
"Xiaotian, congratulations"
As soon as Liu Xiaotian sat down, Zhou Qiang came over and first smiled and congratulated him.
"Thanks"
"Xiaotian, is there anything wrong with you tonight? Can you help me if you have nothing to do?"
Seeing that Liu Xiaotian started to work hard on his own, Zhou Qiang said again. Liu Xiaotian looked up and looked at him faintly, then shook his head and said, "If you have something to do in the evening, don't think I will go to ask for my sister for you. I can't make an appointment. If you want to, go by yourself."
Zhou Qiang went to Yuji in the morning, and Chen Bing had called him at noon and told him. Now, as soon as Zhou Qiang spoke, he understood the other party's intentions. How could he agree to such a thing?
They experienced the life of mortals, but he was not helping mortals to pursue their sisters. He also knew very well that his sister would never fall in love with such mortals, and would not be too lazy to do such useless work.
"Don't, you know that I'm not familiar with her yet, so I have to rely on you. Oh my god, just be kind and help me. I will thank you very much in the future.
Zhou Qiang hurriedly did the revision again, then beat the back and the legs again, nodding and bowing beside Liu Xiaotian.
"Mr. Liu, are you free?"
Xiao Wang came over very quickly. A woman in her thirties came to the company and wanted to ask a lawyer for some questions. Xiao Wang happened to see Liu Xiaotian being entangled by Zhou Qiang, so he immediately came to help him solve the situation.
Generally speaking, when an important customer comes to the company, it is received by Lawyer Hu and another partner in person. Ordinary customers are received by another formal lawyer, so few lawyers and intern lawyers are received. However, there are exceptions, that is, people who obviously don’t look special and very ordinary customers can also receive intern lawyers.
This is the case with the customer in front of him. It is a bit philosophical to do this. Unfortunately, this is a common problem among many law firms. They do not refuse reception or violate the principles. What's more, the customer did not name a lawyer to find. The intern lawyer is also a lawyer, so he can naturally accept consultation.
Liu Xiaotian quickly took the customer to the reception room, and Xiao Wang helped make tea. Zhou Qiang could only wait outside helplessly and wait for Liu Xiaotian to come out.
"My name is Liu Xiaotian, and I am the intern lawyer here. May I ask your surname?"
Nowadays, Li Xiaotian is the same as a mortal in any way, and he can't see any problems at all. He hides well in the mortal world.
Liu Yiyang was also very pleased. He didn't expect his son to let go of everything and live with the lowest mortal. This was also an accident and even more shocking for him.
Liu Yiyang's spiritual consciousness has expanded many times and is still extending. However, now he is no longer paying attention to other things under the spiritual consciousness. All his attention is on Liu Xiaotian, Ouyang Xuan and others, watching his wife and children live in the secular world.
Even if they can't be together now, at least they can watch them, which is also a kind of happiness.
"You, are you an intern?"
The woman was obviously suspicious when she heard Liu Xiaotian’s introduction. Liu Xiaotian nodded slightly and said slowly: "Sister, don’t worry, although I am an intern, I am also a lawyer. If I can’t solve your problem, I will naturally report these problems. Just tell me if you have any problems and difficulties."
After hearing Liu Xiaotian's words, the woman nodded slightly and said softly: "I, my name is Liu Fei, my husband beat me, I want to sue for divorce."
"Domestic violence, divorce?"
Liu Xiaotian immediately understood the meaning of the woman in front of him. In fact, Liu Xiaotian guessed this aspect as soon as she came in. He has not been in the company for a long time, but he has also seen several people who came to ask about divorce lawsuits. The current divorce rate is only higher than before.
However, the problem of domestic violence is somewhat serious. The country has revised its regulations several times, and the restrictions on domestic violence are becoming increasingly strict. Some domestic violence is not only at an absolute disadvantage in divorce lawsuits, but also may violate the criminal law and be sentenced.
Seeing that Liu Xiaotian didn't say anything, the woman slowly lifted the clothes on her arm, and immediately exposed the green and purple skin below.
The woman was dressed very ordinary and looked a bit like a person from a small city, but the injuries on her body were real and very serious. Liu Xiaotian's eyes immediately narrowed and stood up and walked to the woman's side.
The blue and purple seals, coupled with the pitiful look of the woman, can easily attract sympathy. Liu Xiaotian already felt angry in his heart. This was his first anger after he integrated into the mortal world, and it was also the first time he saw a woman who was beaten.
Mortals are not gods. Their bodies are very fragile and their injuries often cannot be eliminated for many days. The scars on this woman's body are very similar to whip marks. It is hard to imagine that anyone is so cruel to take such a ruthless move on 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 place you have to be injured?
Liu Xiaotian said seriously, Liu Fei was stunned for a moment, then nodded, but lowered her head, as if there was something unspeakable.
Liu Xiaotian looked at her and soon showed a sudden realization. He asked Liu Fei to wait for him here and quickly invited Lawyer Hu over. Lawyer Hu was unwilling to take on such a case at first. She had more than one case on Boss Zhao, but also other cases. She was busy, and this kind of divorce lawsuit could be handed over to others.
But after Liu Xiaotian said that the woman was beaten, she rushed over immediately. The women were sympathetic, and she was no exception. After examining Liu Fei's injuries alone, her eyes were red when she came out. She also asked Liu Xiaotian to take her to forensic examination immediately, and she promised to help her sue the damn man, let him go to prison and sentence him.
Once such domestic violence is identified by the forensic doctor, the fate of this husband can be imagined. Apart from the sentence, the two people's assets will not be divided equally, and the woman will get most, or even all.
Chapter completed!