Tokyo Barrister: Start the law firm bankruptcy

Chapter 118 Terai v. Kawamoto Expressway: 1st Instance Judgment!

Chapter 118 Terai v. Kawamoto Expressway: First Instance Judgment!
There were no judges on the referee's seat, only the three special stools with tall backs stood on the trial platform.Although the adjournment had been announced, the people in the auditorium were still sitting in their seats and did not move around randomly.The entire courtroom of No. 823 seemed to be covered by a huge plastic bag, the air flowed extremely slowly, and the tension pervading everywhere seemed to drag this courtroom into another time and space.

"Da, da, da." The vibrating sound of the fan blades of the air conditioner can even pluck people's heartstrings.

Terai sat in the plaintiff's seat, his hands trembling slightly uncontrollably, the joints of his body no longer obeyed the orders of his brain.Just now when the judge announced that the verdict would be pronounced in 20 minutes, the whole person became extremely nervous.

The huge psychological pressure suppressed Terai so much that he could hardly breathe.

Terai has been suspended by the company in disguise.

Transferred from position, salary stopped.

Jobs are at stake.

He once approached the company's personnel director and asked what was going on.

He got a cold answer, but it was the public opinion storm caused by his lawsuit against Kawamoto Expressway, which had already brought a negative impact on the company's image.

Terai couldn't argue with anything, so he could only stand there.

The image of the company.

What is the image of the company.

I have worked for nearly 30 years, and I have not figured out this problem.

In his mailbox, he also received the online chat records of his colleagues group sent to him.Terai knew how his colleagues in the company laughed at him.The hundreds of dialogue boxes, from his research to his clothes, are full of naked malice and mean ridicule.

Even at this moment, I'm afraid that group of colleagues is talking bad things about him.

In the auditorium, there were constant glances, and people raised their mobile phones from time to time, making it unclear whether they were receiving text messages or taking pictures of Terai in the plaintiff's seat.

Sensing the movement of the auditorium, Terai not only became even more stooped, like a snail stimulated by the outside world, curled up into the small snail shell.

At this moment, there was a "bang", as if a metal object was placed on the table, and it caught Terai's eyes.Beside him, Bei Yuan groped around in his briefcase and took out this metal part.

The metal parts placed on the table are about the size of a fist. The silver cast aluminum skin reflects the lights in the courtroom. A bowl-shaped protrusion looks like a valve connected to an important part of a car. A little twisted, and the cable connector on the side screw port has also been damaged.The entire metal part bears traces of friction, as if it has been squeezed by a huge collision.

The moment Terai saw this metal part, he was stunned.

This part is the throttle of the car engine, the most important part in the throttle control, and is known as the engine throat.

Terai suddenly shook his head.

The voice of the man next to him sounded: "I entrusted someone to find this at the car scrap yard. The Les Royce was damaged too badly. Only this part is relatively intact and can be disassembled."

"This is one of the key components of the total linear throttle control technology." The male lawyer next to him leaned back in his chair, still looking a little foolish.

Terai slowly raised his hand, touching the throttle valve parts, some rough texture came from his hand.In an instant, Terai seemed to feel that the throttle part in front of him came to life. The moment the accelerator pedal was stepped on, air was spurted into the engine through the throttle. As the axle rotates, the tires rub against the ground at this moment, driving the car forward.

Terai felt a sore nose, and his eyes were suddenly blurred.

"Thank you."

"Thank you very much, lawyer Beiyuan!"

At this time, the light on the secret door of the court turned from red to green, and then Judge Kumagai and the two magistrates walked out of the secret door and stepped onto the judge's seat.Judge Kumagai was already holding an A4 paper in his hand.On that A4 paper, the verdict of the first instance of the Terai case was recorded.All eyes in the courtroom immediately focused on that piece of paper.

When the clerk at the middle table saw the judge entering the seat, he immediately stood up and said solemnly: "The chief referee is entering the seat, and the verdict will be pronounced in court. Please stand up."

In an instant, all the people in the court stood up in a daze.

"Crack!"

The gavel sounded.

Judge Kumagai held the paper in his hand, stood behind the judge's seat, and said in a loud voice: "Shinjuku District Court, Civil Judgment of First Instance [45] No. 0826. Plaintiff: Terai Terai. Plaintiff's attorney: Kitahara, lawyer of Eto Law Firm Yoshiichi, trainee lawyer at Eto Law Firm, Miyagawa Saeko.

"Defendant: Kawamoto Expressway Co., Ltd., legal representative: Kotaro Kawamoto. Defendant's attorneys: Ryosuke Imanishi, lawyer of Imanishi Law Firm; Hiroyuki Onoda, attorney of Imanishi Law Firm."

“原告寺井辉与被告川本高速有偿使用道路合同纠纷一案,本院于六月25日立案,依法适用普通程序,于7月10日、7月20日、8月5日、9月20日、10月20日,进行了公开开庭审理”

"Plaintiff Terai Terai, attorney Kitahara Yoshikazu, and Miyagawa Saeko attended the lawsuit, and defendant's attorneys Ryosuke Imanishi and Onoda Hiroyuki attended the lawsuit."

"The trial of this case has now been concluded. The following facts have been determined after the trial: On May 10840, after paying the ETC fee of 227 yen, the plaintiff, Terai Terai, entered the G227 section of the expressway. Later, there were two I-shaped iron blocks on the road, and traffic occurred. Accident. After investigation, the owner of the G[-] section of the expressway recorded in the property registration book of the Highway Bureau is the Hachioji City Hall. At the same time, the defendant submitted a series of written records and witness testimony to support the performance of maintenance obligations of Kawamoto Expressway.”

"This court believes that the road section involved in the case is undergoing the reform of the road management system, and the results recorded in the property rights register of the Highway Bureau should not be used as the basis. The object of the paid use contract should be established between the actual manager of the road and the road user. Therefore, the defendant Kawamoto Expressway and Terai Terai established a paid use contract relationship."

"This court believes that the defendant, as the operator and manager of the expressway, has the contractual obligation to ensure the safety and smooth flow of the expressway. The iron block on the road has caused the accident, which proves that the defendant has not fulfilled the obligation to ensure the safe passage of the expressway, which is a breach of contract. Although the defendant provided Cleaning, inspection records and other relevant evidence proved that the defendant had performed its maintenance behavior in accordance with the relevant national standards. However, the defendant’s maintenance of the road surface in accordance with the national standards is to perform its daily operation and management behavior, and it has no legal basis for the paid use of the road contract involved in the case. direct legal effect."

"Therefore, the plaintiff's request for the defendant to compensate for the accident loss is based on the law. However, after investigation, in this case, the vehicle involved in the case was purchased two years ago, and the relevant depreciation value needs to be deducted. The plaintiff's request for compensation based on the original purchase price of the vehicle is inappropriate. "

"The sentence in this case is now pronounced as follows."

"The defendant Kawamoto Expressway must pay the plaintiff 9 million yen for vehicle damage, 8 million yen for medical expenses, hospitalization expenses, lost work expenses, and transportation expenses to the plaintiff within ten days after this judgment takes effect. The total is 123 million yen. If the defendant fails to perform the payment obligation within the period specified in this judgment, it shall pay interest for the delayed performance of the debt in accordance with the provisions of Article 9 of the "Civil Procedure Law."

"Case acceptance fees shall be borne by the defendant."

"If you are not satisfied with this judgment, you can submit an appeal letter to this court within 15 days from the date of service of this judgment, and provide copies according to the number of parties involved, and appeal to the Tokyo High Court."

"The judges: Isamu Kumagai, Hayato Nagase, Nozomi Nagai."

"The case is declared closed."

The gavel sounded.

Terai v. Kawamoto Expressway case, the first trial is officially over!
The plaintiff's compensation amount is fully supported except for the deducted vehicle depreciation amount.

The court, which has always been conservative, actually made such a bold judgment in this unprecedented case! !
In an instant, the entire courtroom was boiling, and some reporters in the auditorium ignored the etiquette, pushed and pushed the people next to their seats, and rushed out of the 823 courtroom.Some reporters stood up, made calls and shouted the latest referee results.The bailiffs on the side immediately surrounded them, cursing and maintaining order.

The legal team of Kawamoto Expressway was already stunned in the auditorium, like a puppet that had lost its vitality, and was randomly placed on a wooden frame.The middle and senior lawyers of Imanishi Law Firm were downcast, as if they wanted to drop their laptops to the ground.

"Lost...lost?" Imanishi still stood where he was, looking at the referee's seat where the judge had already left the field, a little dazed.Actually lost.Even with the emergency interpretation of the Ministry of Land, Transport and Tourism, it still lost.I... I lost to that kid.The traffic accident that was used to humiliate this kid turned into a slap in the face.Imam suddenly felt that everything in front of him was not real.

"Lawyer Beiyuan!" Terai showed an unprecedented joyful smile, and hugged the lawyer named Beiyuan in front of him, "Lawyer Beiyuan! Lawyer Beiyuan! I won! I won! It's a full 9 million, a full 9 million!" " At this time, Terai was so excited that he seemed to be a repeating machine that only kept repeating.

Miyagawa also showed a bright smile beside him.Since this trial, there have been many twists and turns, and it has been a thrilling experience like riding a roller coaster.In fact, the moment he heard the verdict, Miyagawa couldn't help but wanted to hug Kitahara beside him, but just as he turned around, Terai got ahead of him.

But it's okay, Miyagawa let out a small breath, if he really hugged him, it might be too embarrassing.

"Miyagawa, let's go!" Kitahara's voice came from next to my ear.

"Huh?" Miya Chuan raised his head, but saw Bei Yuan's gaze fell on her father Imanishi. .

In court, the two young lawyers for the plaintiff went to the dock.

"Lawyer Jinxi." Beiyuan said with a hippie smile.

Hearing this somewhat annoying voice, the corner of Imam's mouth twitched suddenly, and he looked at the boy who needed to be beaten.

"Do you still remember the agreement we made before the first court session?" Kitahara raised the corner of his mouth slightly, and said to the girl beside him, "Miyagawa, you were there at that time. Please tell Mr. Imanishi loudly that he will what?"

Being called by Kitahara abruptly, Miyagawa seemed to have been stabbed in the spine.Although she had mustered up the courage to face her father in court before, but now in court, she felt a little timid again.Miyagawa's breathing became flustered, and he didn't know what to say, but in the end he couldn't help but let out a trembling voice: "Please... please, Attorney Imanishi... to fulfill your promise, and to my client... Terai to make a solemn apology. "

Seeing her daughter say such things to herself, Imamishi was furious, she was really fascinated by this kid, but she couldn't help it.Because, before the court session, this agreement was indeed made with this kid.After a while, Imai's face turned purple, and he forced out a cold snort, "Don't be complacent. This is only the first trial!"

"If you lose, you lose." Beiyuan sneered, "The second-instance referee's chance of overturning is less than 10%. Do you think that in the current situation, the old men of the Tokyo High Court will be willing to take the initiative to change the result of the case and come to this muddy water?" .No, the old men of the high tribunals will only throw these difficult cases to the local courts, and let the local courts bear the pressure of judgment."

Bei Yuan's light and fluffy words instantly crushed the hope of appealing to pieces.

Imam's complexion has become extremely ugly, like a frozen statue in the dock.

Looking at the expression on Imanishi's face, Beiyuan felt that it would be meaningless to joke any longer.After all, this case was still thrown to him by Imanishi. In a sense, I still have to thank him, haha.

Bei Yuan turned around and looked at the wall clock in the court.Next, there is one more person who is going to meet for a while.

In the last court debate, the Shinjuku District Court issued a summons to Kotaro Kawamoto for the obstruction of civil proceedings.Now, this man named Kotaro should be reporting for duty in the admonishment room of the court.

(End of this chapter)

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