You became a lawyer and sent the judge in? - Chapter 523

c520 Reasonable doubt! Withdraw the lawsuit!

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

In this trial, the defendant was very well prepared.

Let’s not talk about anything else first, let’s talk about the first-hand evidence prepared by the defendant.

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

Because one of them did not have enough evidence to refute the other party, but the other party’s evidence was obviously more sufficient than they were prepared for.

The point is!

Judging from the current situation, the evidence they provided in this trial is obviously just label evidence, not actual legal contract evidence.

to be honest.

As the plaintiff, they submitted evidence such as financial guarantees provided by a third party, but they only considered capital-guaranteed financing based on the capital-guaranteed financing shown by the third party.

The other party determined it to be non-capital guaranteed financial management based on the content of the agreement.

It is equivalent to a verbal agreement and a signed content contract with black text on a white background.

Who does the presiding judge listen to?

Which evidence will the presiding judge admit?

Obviously, the presiding judge must accept the evidence contained in the agreement.

Because when purchasing financial management, according to legal provisions, the parties concerned must read the content of the agreement and admit that the risks are borne by themselves.

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

At the trial table, the presiding judge looked at Su Bai at the plaintiff’s seat and asked:

“At present, the defendant has produced relevant evidence. Based on the evidence produced by the defendant, it can be clearly seen that according to the content of the agreement, the plaintiff purchased non-principal-guaranteed financial management.”

“What is the opinion of the lawyer appointed by the plaintiff on this point?”

Su Bai took a breath and said, “Presiding Judge.”

“We have just presented evidence to prove that our client purchased capital-guaranteed financial management based on his subjective intention.”

“And third-party purchases also show capital-guaranteed financial management.”

“So although the plaintiff has produced relevant materials, we have determined in this case that what we purchased was principal-guaranteed financial management and we 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, the evidence provided by the plaintiff proves that this is only the responsibility of the platform and the parties, not our bank.”

“Our bank has stipulated very clearly in the agreement that it is non-principal guaranteed financial management.”

“The plaintiff did not read clearly the provisions of the agreement, which is the plaintiff’s responsibility. The agreement was very clear, and the plaintiff purchased this non-financial capital guaranteed product without clearly understanding the contents of the agreement.

Regardless of whether it was a purchase made by the plaintiff’s party’s subjective intention or not, the fact occurred and the liability is already clear. The party bears the responsibility for his own fault. How can he hand over the corresponding issues to the bank? ”

“In this process, the bank also serves as a secondary victim.”

“So according to the statement of the plaintiff’s attorney, the plaintiff should not litigate with our bank, Laihai Bank, but should negotiate with the third-party platform to confirm whether the third-party platform has violated any regulations.”

“Let’s talk again.”

“Regardless of whether the platform is responsible or not, Laihai Bank has no responsibility in this court hearing.”

“?”

Facing the statement of the lawyer appointed by the defendant, Su Bai frowned slightly.

Then he said: “I don’t understand why the lawyer appointed by the defendant said that this is the responsibility of the third-party platform and our client, and also stated that the bank is a secondary victim.”

“The third-party platform clearly marked this as capital-guaranteed financial management. We asked the third-party platform, and the third-party platform told us that they marked capital-guaranteed financial management. This was confirmed by the bank’s notification and the materials submitted by the bank. It is only displayed for capital-guaranteed financial management.”

“The third-party platform only carries out the distribution responsibility of a platform and does not assume other responsibilities.”

“So this labeling of capital-guaranteed financial management is also a bank issue.”

“Does it mean that banks are using such illegal behavior to attract investors for financial management in compliance with the corresponding regulations?”

“Since it does not comply with the corresponding regulations, it is not a matter of legal responsibility of the purchaser, and the purchaser does not need to bear corresponding legal responsibility.”

“in this case.”

“We have reasonable suspicion that the so-called inconsistency between the so-called capital-guaranteed financing and the terms in the agreement is Laihai Bank’s behavior of attracting investors to raise funds through illegal and illegal operations and deliberately defrauding investors.”

“Presiding Judge, we think this situation should be adjourned for investigation.”

“Let’s further confirm whether Laihai Bank used illegal and illegal operations to attract investors to raise funds and deliberately defrauded investors.”

Yu Manchun continued to retort: ​​”We do not agree with the client’s views.”

“The client’s lawsuit application just now clearly stated that the entrustment request is to protect the principal-guaranteed financial products purchased by the plaintiff on behalf of the client.”

“But we have submitted evidence that the plaintiff entrusted the parties to purchase non-principal guaranteed financial products.”

“Although the plaintiff raised doubts about whether our operation was illegal.”

“But where’s the evidence?”

“The plaintiff and the entrusted lawyer only rely on oral statements to state what illegal operations we have done, but is there a possibility that there is a problem with the third-party platform and the wrong labeling occurred?”

“In the absence of evidence, the lawyer appointed by the plaintiff shouldn’t slander us like this, right?”

“I remember that the plaintiff entrusted the client with a well-known national lawyer. As a well-known lawyer, he should know that in court trials, he needs to rely on sufficient evidence to be convincing and obtain legal support.”

“Now the plaintiff has hired a lawyer to reject our point of view based solely on suspicion. Isn’t this obviously inappropriate?”

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

Of course…in this kind of court hearing, everyone actually has about the same knowledge of the law.

It mainly depends on the court hearing, everyone’s entry point into the case, and how they think the case should be fought to ensure the parties’ right to entrust litigation.

Like most large companies, when signing some kind of agreement, it must be verified back and forth by legal affairs and relevant law firms.

Only after confirming that there are no legal problems or loopholes will a legal contract be signed.

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

Therefore…under the current circumstances where the evidence is biased towards the defendant, she has the absolute initiative.

There is no need to say anything else. Just asking the other party to produce evidence can create 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.

During her investigation, it was found that Laihai Bank did engage in illegal labeling behavior, which is strictly prohibited by law. If it is determined to be illegal, it may face charges of illegal fund-raising.

But in this case, her point of view was that of Laihai Bank.

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

What the other party said is indeed correct, but what do you say if you have no evidence?

I will seize on the fact that you have no evidence, and I can directly prosecute this trial to death.

Su Bai frowned when the lawyer appointed by the defendant kept asking for corresponding evidence.

In this case, as the plaintiff, during the initial preparations, they had prepared enough evidence to accuse the defendant.

But…no one could have imagined that the other party would actually engage in illegal operations in this case!

And it is an illegal fund-raising behavior in the form of deception.

indeed….

In the current trial, he has no evidence to form a strong accusation against Laihai Bank.

But.…

Even if the trial failed 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 the enemy a thousand times and damage oneself eight hundred.

Su Bai also knew very well that since the other party had actual evidence in this trial, if he continued to fight, he would definitely lose the case.

So instead of arguing with the lawyer appointed by the defendant, he applied to the presiding judge:

“Presiding judge, Fang believes that there are still many problems in this case. For example, the evidence we provided can prove that the financial products sold by the other party are principal-guaranteed financial products.”

“But the evidence provided by the other party proves that the financial products sold by Laihai Bank are non-principal-guaranteed financial products.”

“There is a certain dispute between the evidence of both parties, and the evidence of both parties is accurate and exists.”

“In this case, in accordance with legal provisions, the hearing can be adjourned to confirm whether there are any irregularities in the evidence of both parties.”

“Presiding judge, we apply for an adjournment of the trial.”

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

If this case continues to be tried, the defendant will definitely win.

However, there is a situation on the defendant’s side. Just as Su Bai stated, the financial products sold by the defendant are consistent with the evidence presented by the plaintiff.

However, it is inconsistent with the agreement in selling financial products.

Are there any violations of laws and regulations?

Most likely yes!

After the presiding judge clarified this point, he turned to look at the plaintiff’s seat: “Plaintiff.”

“The application you just made for adjournment has certain basis.”

“But the lawsuit application you are currently filing, which is the first-instance complaint, is not consistent with the current defense situation.”

“Don’t ask for an adjournment. Just withdraw the lawsuit for now.”

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

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

In civil cases, the plaintiff has the right to withdraw the lawsuit before the verdict is announced.

Whether this case is adjourned or dismissed, the final result is the same.

Just withdrawing the lawsuit means that their side actually lost the trial.

Even if there is no verdict…in the eyes of normal lawyers, it is equivalent to losing the case.

After deciding to withdraw the lawsuit, Li Xuezhen walked out of the court with a serious face.

“Lawyer Su… This case was originally a win-win case. The other party is basically a 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 and the terms of purchasing financial management. The agreement in the terms was non-principal-guaranteed financial management.”

“Isn’t this situation more serious?”

“Is this involving illegal fund-raising? He completely deceived investors and took away more than 4 billion!”

“This person is too bold. If he comes to Haihai Bank to do this, isn’t the person in charge afraid of being criminally punished?”

Su Bai nodded: “The situation involved in this case is quite serious, and it is more complicated than we thought before.”

“Let’s not talk about other things… How can ordinary people say that capital-guaranteed financial management is listed on a third-party platform review, but the actual content of the agreement is non-capital-guaranteed financial management?”

“The third party has the right to supervise!”

“General third parties will not take such a big risk to do this kind of thing for some banks, because it is a matter of losing their jobs and losing their reputation.”

“This Laihai Bank is indeed quite courageous.”

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

Su Bai was silent for a few seconds:

“Laihai Bank must have violated laws and regulations in this case. We will report this directly to the China Banking Regulatory Commission.”

“Request the China Banking Regulatory Commission to investigate this matter.”

“The court actually doesn’t have much regulatory power in this area, and it doesn’t have the ability to require third-party platforms to retrieve relevant data. It mainly depends on the attitude of the China Banking Regulatory Commission, which falls under the regulatory power of the China Banking Regulatory Commission in this matter.”

“If the China Banking Regulatory Commission investigates this matter and believes that Laihai Bank has violated laws and regulations, then we can directly use the evidence to prosecute.”

“Now it’s just the procedure that’s going through that’s a little more troublesome.”

“Let’s take a look at the investigation status of the China Banking Regulatory Commission first.”

“Um!”

Li Xuezhen nodded seriously.

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

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

Yu Manchun knew more or less the inside story, at least in terms of the circulation of gossip, Yu Manchun was very clear about it.

If Su Bai wants to use formal means to determine that Laihai Bank has raised funds illegally and illegally, it is basically impossible.

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

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

“I’m afraid Bai Jun Law Firm will fall into this case this time.”

“If you fall into this financial case, it will be difficult to get involved in financial cases in the future.”

Yu Manchun thought silently in his heart and felt happy at the same time.

There is competition among peers, and Bai Jun Law Firm cannot get involved in financial cases in the future.

So for them, it’s obviously a good thing! .

….

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