Tokyo Barrister: Start the law firm bankruptcy

Chapter 110 Final Battle Court Debate
"Defendant's attorney, is that so?" Judge Kumagai frowned slightly, and turned to look at the two lawyers in the dock.

"I don't know what the plaintiff's lawyer said. I haven't paid attention to it." Imanishi kicked the ball with a skillful skill, but he was already scolding Kotaro in his heart, "The specific situation needs to be further..."

"Defendant's attorney, listen carefully." Judge Kumagai interrupted Imamishi's response, "Now this court has issued a summons to Kawamoto Kotaro, the legal representative of Kawamoto Expressway. The date of the summons is after the final statement of the parties in the trial of this case. Report to the court to find out the facts about the obstruction of the civil lawsuit in this case!"

After Judge Kumagai finished speaking seriously, he also sighed slightly.The twists and turns of this small traffic accident case obviously exceeded Kumagai's expectation.Judge Kumagai looked at the eyes of the lawyers on both sides with a somewhat complicated expression.

Judge Kumagai coughed, then straightened his body slightly, and announced loudly.

"The case of Terai v. Kawamoto Expressway is open for the fourth time!"

"Crack!", the gavel sounded.

"Now the court debate begins." Judge Kumagai's voice came from the bench.

【Court Debate Session】

[The so-called court debate refers to the debate between the two parties around controversial factual and legal issues.According to the "Civil Procedure Law", the trial stage can be divided into two stages: court investigation and court debate.The court investigation link is mainly the production and cross-examination of relevant evidence, and the second and third court hearings of the Terai case are the court investigation link.During the court debate session, debate opinions will be expressed on disputed factual issues and legal issues]

There was a sound of the hammer, and the audience present could not help but become slightly nervous.

Now, the stakes in this case are getting bigger and bigger.In order to fight back against short sellers, Kawamoto Expressway used a large amount of company cash for dividends, almost depleting its cash reserves.North Principles filed a separate lawsuit by withdrawing from the class action.Since Beiyuan's case will serve as a model for subsequent cases, the huge pressure of the entire dispute is exerted on Beiyuan at this time.

It is conceivable that if Bei Yuan loses this case, his reputation will be completely ruined, and he will become the "selfish lawyer" scolded by the whole country.

This small traffic accident case, like a vortex under the sea, gradually involved both parties in a dead end with no way out.

"Now I will announce the focus of the debate in the courtroom," Judge Kumagai said loudly.

The focus of disputes, that is, the judge summarizes the facts of the case and the disputed parts of the law based on the previous court investigations and litigation materials submitted by both parties, and guides the attorneys of both parties to express debate opinions around the disputed parts, rather than freely and undisciplined. Boundary debate.

As Judge Kumagai's voice fell, Miyagawa immediately clenched his pen, pricked up his ears, and listened intently to the voice from the referee's seat.To some extent, the judge's summary of the focus of the dispute can even represent the judge's view of the case.

"The collegial panel believes that there are two disputes in this case in terms of facts and application of law." Judge Kumagai lowered his head, his eyes kept scanning the materials on the stage, and said in a deep voice.

"The first focus of controversy is whether the evidence provided by Chuanben Expressway is credible in terms of probative force. The second focus of dispute is whether Chuanben Expressway has fulfilled its corresponding maintenance obligations."

"Next, regarding the first focus of controversy, whether the evidence provided by Kawamoto Expressway is credible or not, please ask the plaintiff's attorney to make an argument first."

Miyagawa and Kitahara next to each other looked at each other, and then she stood up from the plaintiff's seat: "Chief referee, in this case, the evidence provided by Kawamoto Expressway is not credible. The series of evidence provided by Kawamoto Expressway, such as The so-called internal management regulations, "Road Surface Inspection and Cleaning Management Measures", "Highway Surface Inspection Form", "Highway Surface Cleaning Record Form" and other materials were all formed unilaterally by Kawamoto Expressway. As for the testimony of witnesses, all witnesses were from Kawamoto Expressway staff."

"The formation process of the materials is not objective, and it is controlled and intervened by Kawamoto Expressway. It is doubtful whether Kawamoto Expressway actually conducts road inspections in accordance with internal management regulations. Whether the fact that the inspection form has been signed can prove it The staff inspecting the roads have indeed conducted inspections in accordance with national standards, and there are doubts."

"The court is requested to consider that all the above-mentioned evidential materials were unilaterally produced by Kawamoto Expressway, and the probative force of the above-mentioned evidence should not be adopted!"

After Miyagawa's voice fell, all the people in the auditorium couldn't help but nodded slightly.

The plaintiff's attorney clearly grasped the weakness of Kawamoto Expressway's materials.

For a moment, all eyes in the auditorium were on the dock, and they were all watching how the elite lawyers hired by the listed company would respond next.

But I saw Imanishi in the dock sneering at his daughter, and stood up from his seat unhurriedly, without a trace of panic, as if the plaintiff's lawyer's argument hadn't affected him in any way:

"The chief judge. The argument stated by the plaintiff's representative just now has no sufficient grounds. I would like to ask the court to consider a most basic fact."

"At present, there are no laws and regulations that expressway companies must complete their maintenance work under the supervision of a third party. In this case, the various documents and records formed by expressway companies in fulfilling their maintenance obligations must be formed unilaterally. And it can only be formed unilaterally."

"The point made by the plaintiff's lawyer just now completely ignores the actual situation of expressway maintenance operations. If every company has to hire a third party to supervise whether it provides products and services in accordance with national standards, how can a company bear such operating costs? .How will normal business activities be carried out?!
Knowing Judge Kumagai's pro-business attitude, Imanishi specially emphasized the negative impact of Miyagawa's legal views on the efficiency of business operations.

"According to this, the plaintiff's lawyer only denies the probative force of the evidence materials provided by Sichuan Expressway on the grounds that the relevant inspection and maintenance records were unilaterally prepared by Sichuan Expressway, which is not sufficient!"

Imanishi is very clear that this summary of the focus of controversy reflects Judge Kumagai's hesitant attitude towards the credibility of the materials provided by Kawamoto Expressway.Judging from the current basic situation, if the materials provided by Kawamoto Expressway can be accepted by the court, it will in fact resolve the second focus of controversy to a large extent by the way—whether Kawamoto Expressway has fulfilled its maintenance obligations.

If the court accepts the series of inspection forms submitted by Chuanben Expressway, it will be almost impossible to deny that Chuanben Expressway has fulfilled its maintenance obligations in accordance with national standards.

As long as you occupy a dominant position on the first focus of controversy, you have mastered the key to overall victory.

"Chief referee." Imanishi stepped forward and said, "In fact, the key to determining the credibility of the materials provided by Kawamoto Expressway is not whether they were produced by Kawamoto Expressway unilaterally, but whether different evidence materials can be mutually confirmed. "

"I would like to draw the attention of the collegial panel. Judging from the internal management regulations and inspection system provided by Chuanben Expressway on highway inspection, it can correspond to the national standard one by one. Just as the current national standard stipulates, the maintenance of the road surface should not be less than Once, the Kawamoto Expressway also established a maintenance system that inspects at least once a day."

"At the same time, in order to prove that the Chuanben Expressway has maintained the road in accordance with national standards. The Chuanben Expressway not only submitted the inspection and maintenance records on the day of the incident, but also submitted the maintenance inspection records for multiple consecutive days. During these days, there are also employees operating signatures and confirmations, and the authenticity of these signatures has been confirmed by forensics."

"It can be seen from this that the inspection and maintenance records provided by Chuanben Expressway meet the elements required by the national law, and the formation of the records is continuous and complete, which can be verified by each other and is objective. However, it is not enough to overturn the probative force of the evidence provided by the defendant Chuanben Expressway. The internal management regulations, inspection records and other materials provided by Chuanben Expressway should be accepted by the court!"

(End of this chapter)