Tokyo Barrister: Start the law firm bankruptcy

Chapter 117 The final statement of the final battle Kitahara

"Now, the plaintiff is invited to give his final opinion." The voice of Judge Kumagai came from the referee's seat.

The faintly transmitted words hit Terai's heart at once.

Hearing the judge's words, Terai's throat suddenly choked up, with mixed feelings in his heart.

This case has gone through too many, too many things along the way.From the very beginning when I asked for help in the case and was kicked around by various law firms, to the meeting with two young people beside me, the day when I decided to sue Kawamoto Expressway, and then to the rainy night in Tokyo Bay.On the damaged vehicle was his dream of being an automotive engineer.

There are thousands of words in my heart, but I don't know where to start.

Terai rubbed his hands, slowly raised his head, all the feelings in his heart, but at this moment turned into a simple sentence: "Let my lawyer speak for me."

After the words were finished, the eyes of the audience in the auditorium all fell on the male lawyer in the plaintiff's seat.

The corners of Beiyuan's mouth were slightly raised, and before getting up, he whispered to Miyagawa beside him, "Do you still remember, I said, what is the secret of our victory in this case?"

Miyagawa was taken aback when he heard Beiyuan's words.She was a little depressed because of the emergency interpretation issued by the Ministry of Land, Infrastructure and Transport, and she was immersed in some negative emotions.Bei Yuan's whispering words suddenly pulled her out of the small world in her heart.

For a moment, Miyagawa didn't realize what Kitahara was saying.However, in the next second, the memory of that scene suddenly appeared in her mind.

At that time, it seemed to be before the first court session.

She and Bei Yuan stood on the sidewalk beside the road, waiting for a taxi.Beiyuan said to her at that time: "What is the secret of winning this case." Later, when he chased Beiyuan to ask what the secret was, Beiyuan teased himself and asked him to read the reasons for this case several times.

Is it...

Is it? !
It was like a ray of dawn suddenly shone in the boundless darkness.

Although this light is weak.

But enough to illuminate the road ahead.

Miyagawa opened her mouth slightly, and before she could react, the man beside her had already walked out of the plaintiff's seat.

The male lawyer in the gray suit seemed to have a fearless courage, with a calm and resolute expression on his face.Even in the face of pressure from the Tokyo Local Bar Association and two top law firms, he dared to choose to withdraw from the group lawsuit. Even if the opposite party even asked the Ministry of Land, Infrastructure, Transport and Tourism, he still stood in court and did not back down. .

With his thousands of troops and horses, I am as immovable as a mountain!
"Crack, click, click."

The leather shoes stepped on the ground, making a cold knockback sound.

Bei Yuan walked to the middle of the court, and that somewhat lonely figure seemed a little taller at this moment.

The world seemed to be quiet at this moment, just waiting to hear him speak.

"Chief referee." Bei Yuan's voice sounded. "I would like to draw the court's attention - the cause of action in this case is a paid use contract dispute. In other words, this case is a contract dispute."

A plain sentence.

It's just repeating the facts of the case again.

Sitting in the dock, Imamishi was about to laugh at Kitahara's opening remarks, but suddenly, as if he had sensed something from these words, his entire body froze.Imanishi sensed a tinge of danger from this extremely simple sentence, and it was a mortal danger.

The ordinary citizens present did not feel much.

However, the legal professionals in the public auditorium gradually changed their faces after savoring this bland sentence carefully.

Like a drop of water falling on the surface of the pool, the almost invisible ripples gradually spread and became ripples visible to the naked eye, then turned into raging waves, and finally turned into a super tsunami that swept towards the defendant.

The young man standing in the middle of the courtroom continued:
"Chuanmoto Expressway and Terai, my client, reached a paid road use contract. Kawamoto Expressway has the contractual obligation to ensure the smooth passage of the road for my client. After my client, Terai, entered the highway, there was an iron block on the road where the accident occurred, resulting in a traffic accident. Kawamoto Expressway has violated the contractual obligations and has breached the contract. I would like to draw the attention of the court that in terms of the rules for determining liability for contract breaches, the laws of our country implement the no-fault liability rule.”

【No-fault Liability Rules for Contract Breach】

[The so-called no-fault liability for breach of contract means that as long as one party to the contract fails to perform its obligations, or the performance of the obligations does not conform to the agreement, it is a breach of contract, regardless of whether it is at fault.For example, a seller sells a batch of goods to a buyer.The seller's upstream manufacturer did not deliver the goods in time, which resulted in the seller's inability to supply the downstream buyers.In this case, the seller is in default.It does not ask whether the fault is caused by the seller itself or by the upstream manufacturer. 】

[As long as you violate the contractual obligations, regardless of the reason, it is a breach of contract and you need to bear the responsibility. This is the principle of no-fault liability for contract breaches]

"Chief referee." Bei Yuan took a step forward and said seriously, "This case is a contract dispute. Therefore, the real legal issue is not whether the performance of the maintenance obligations of the Kawamoto Expressway complies with the national standards. If the maintenance behavior conforms to the national standard, the Sichuan Expressway will be exempted from the liability for breach of contract.”

"Therefore, the real legal issue in this case is whether the liability for breach of contract of Chuanben Expressway has statutory grounds for exemption, not whether the maintenance obligation of Chuanben Expressway complies with national standards."

"Under the principle of no-fault, there is one and only one legal reason for the breach of contract, and that is the force majeure clause," Beiyuan raised his voice. Liability for breach of contract can only be exempted under rare natural and man-made disasters. In this case, there is no force majeure situation stipulated by law.”

Imam's shirt was already soaked with sweat, cold sweat slowly slipped from his forehead and dripped onto the table.After hearing Bei Yuan's words, he suddenly discovered that this point of reversal was... unexpectedly such an obvious place.And I kept reading the materials over and over again, but neglected this most critical place.This case... this case is a contract dispute, a contract dispute! !

Yes, the real focus of the defense in this case is the grounds for exemption from liability for breach of contract, not whether the maintenance behavior of Kawamoto Expressway complies with national standards! !
In an instant, Imanishi once again thought of a question:
Since when did the trial focus of this case not focus on contractual liability, but gradually changed to whether the maintenance behavior of Kawamoto Expressway complied with national standards?Imanishi also remembered that during the first trial, they were still defending that the contract involved was not a civil contract.But as the trial progressed, the focus of the trial changed inexplicably.

Why is this happening?

When did this change start happening?

So much so that I didn't even notice it! !

Imanishi raised his head and looked at the young man standing in the middle of the courtroom.

A horrible answer surfaced:

Difficult...could it be Beiyuan? !
Is it him? !
A sense of fear rose in Imanishi's body.If this is true, it means that this young man possesses an extremely terrifying skill that can unknowingly affect everyone present. The judges, all under the silent influence of Beiyuan, did not notice that the focus of the court hearing was from the issue of contractual liability, and that being stolen became a question of whether the maintenance behavior was compliant!

And all the ambiguity and confusion are just for the unprecedented raid at the last moment, completely defeating the Kawamoto Expressway.

Imanishi already felt an invisible long knife directly piercing the heart of Kawamoto Expressway.

Kitahara seemed to have sensed Imanishi's expression, turned around, smiled, and continued: "Chief referee. Even if we take a step back and admit that the maintenance behavior of the Kawamoto Expressway complies with national standards, then does this kind of behavior conform to national standards? Can it be a reason for exemption from liability for breach of contract? The answer is obviously no."

“Let me give you an inappropriate example. Suppose a factory discharges wastewater, which pollutes the surrounding groundwater and causes disease in nearby villagers. Even if the wastewater discharged by the factory meets national standards, it still needs to be The health of the villagers is damaged, and they are liable to compensate for the damage. Even if the wastewater meets the national standards, it cannot be a reason for exemption. This is true in civil torts, and it is also true in contractual relations.”

"According to the strict liability rules of the contract. Even if the maintenance behavior of Chuanben Expressway meets the national standard, it cannot constitute the reason for its contractual exemption. All the statements made by the defendant's agent in the previous trial about the maintenance behavior of Chuanben Expressway conforming to the national standard are consistent with the The legal issues in the trial of contract disputes have nothing to do!"

None of them have anything to do with the trial of contract disputes? !
Citizens in the gallery did not know much about the no-fault rule of contractual liability, but they found that the atmosphere in the courtroom had undergone a subtle change.These ordinary citizens found the lawyers in formal suits in the auditorium, showing a somewhat shocked expression.Combined with the sudden declaration by the plaintiff's lawyer just now, the arguments made by the defendant's lawyer have nothing to do with the trial of the contract dispute in this case.

The lawyer named Bei Yuan seemed to put forward a seemingly extraordinary point of view.

The direction of this case seems to have taken a major turn in a few minutes just now, in a way that the general public cannot understand.

Beiyuan took a step forward and raised his voice further, "Just now, the defendant's attorney thinks that the judgment that Chuanben Expressway shall bear the liability for damages in this case will have a negative impact on business. Regarding this, the plaintiff's attorney also has an opinion to express."

The corners of Imamishi's eyes suddenly twitched slightly again. Kitahara not only had to make a legal argument to fight back against himself, but also refuted his own argument about the consequences of the sentencing of the case.

But I heard Beiyuan say: "The core of the business spirit is not the so-called cost-benefit calculation. This is the table, not the inside. People are not calculating benefits all the time. When criminals commit crimes, they will calculate the benefits of the crime and the benefits of the crime." The calculation of the consequences of sentencing, in love, there are always moments when two people who love each other care about giving. Even if they are lying on the sofa at home, people will also calculate whether to get up and pour water because of a slight dry mouth. Every moment, every moment, every aspect, we are calculating the benefits."

"The fundamental core of business is not at all the so-called efficiency and cost-benefit calculation."

"Because people are pursuing efficiency and cost-benefit calculations all the time."

"Then what is the core of the business spirit?"

Bei Yuan suddenly paused, and asked selfishly.

At this time, even the three judges on the referee's seat couldn't help leaning forward slightly, wanting to know Bei Yuan's answer, especially Judge Kumagai's expression was extremely serious.

Yes, if we don't talk about benefits, profits, and efficiency, what else is business?
what else? !

In the next moment, Beiyuan's voice echoed in the courtroom.

"The core of the business spirit lies in the spirit of the contract! It is to strictly abide by the promises you make! Even if you find out afterwards that the contract you made at that time may be unwise, you must grit your teeth and fulfill it. A promise is a thousand gold, this is the true meaning of the business spirit. Righteousness!"

"In other words, the spirit of contract is credit!"

"Without credit, we would have no borrowing. Without credit, we would not be able to buy and sell goods on credit. Without credit, we would have no long-term contracts across time. Without credit, we would have no finance. Without credit, limited liability companies would have no Become a virtual shell to avoid debt. Today, the most fundamental and core thing that supports our various complex contract transaction structures and business organizations is credit!"

"It is the contract spirit of strictly keeping promises!"

"The pursuit of profit is not the characteristic of business. Its fundamental and real characteristics are based on peaceful voluntary exchange and strict observance of contracts!"

"Since Kawamoto Expressway has established a paid road use contract relationship with our client, Terai, it is obliged to strictly abide by the contract. The obligation to pay compensation is not only not a negative impact on commercial organizations, but on the contrary is a manifestation of the spirit of the contract."

"To sum up, the plaintiff's agent requests the collegial panel to support our claim and judge the legal compensation liability that Chuanben Expressway should bear in accordance with the law!"

"Plaintiff's attorney, the final opinion has been expressed!"

After the voice fell, the entire courtroom became extremely silent.The spectators at the scene seemed to be still immersed in Beiyuan's debate just now, and couldn't extricate themselves.The voice of the male lawyer seems to be able to pull people into a wonderful cave world.Although the voice was gone, the voice of the young male lawyer still seemed to be echoing in my ears.

The lingering sound surrounds the beam, and the bells and drums tremble.

After a full 5 minutes, Judge Kumagai on the stage coughed and broke the silence.He whispered to the two judges next to him.

A few minutes later, Judge Kumagai raised his head, showing an intriguing expression, with the corners of his mouth curled up, as if he had gained great satisfaction from the trial of this case and resolved his long-standing confusion. Judge Kumagai said: " This case has been tried five times in total. The opinions of the representatives of both parties have been fully expressed. This court has decided to adjourn the court for 20 minutes. After 20 minutes, this court will make a first-instance judgment on this case."

"Crack!"

The gavel sounded.

Imam's eyes widened in disbelief when he heard that the judgment of the first instance would be made in 20 minutes.This case is so important to the subsequent group lawsuit, and the chief referee Kumagai decided to pronounce the sentence after 20 minutes instead of choosing another day.

At this moment, it was too late to refute Beiyuan's argument just now.

It is like carrying out a surprise attack with the emergency interpretation of the Ministry of Land, Infrastructure, Transport and Tourism today.

The young man on the opposite side also completed the feat of surprise attack.

Imanishi never expected that this lawsuit would turn into such a situation.

In the snowy night, these two brutal armies finally came to their last moments.

……

At this time, the news that the case of Terai v. Kawamoto Expressway will be pronounced in 20 minutes immediately spread to the Tokyo Stock Exchange.The stock trading volume of Kawamoto Expressway instantly experienced a huge increase.In an instant, Kawamoto Expressway, a "large-cap stock" that does not belong to the Nikkei Index, actually rushed to No.3 in the trading volume ranking.More than 500 long options and long short options are issued in an instant.

All kinds of investment banks, securities companies, cemetery funds, private equity funds, and these huge financial institutions have also left behind any risk control and business principles, and have gone long or short in the options market. , Margin buying or securities lending to sell stocks.

The unprecedented speculative sentiment has completely turned the stock of Kawamoto Expressway into a blatant gambling wheel.

(End of this chapter)