Tokyo Barrister: Start the law firm bankruptcy

Chapter 74 New Defenses
All eyes in the courtroom immediately focused on the defendant's lawyer who spoke suddenly.

The legal team of Kawamoto Expressway in the auditorium was still immersed in the disappointment that Onoda's defense was denied by the court just now, and then saw that lawyer Imamishi actually came out in person, they couldn't help showing excited expressions, whispering to each other, whispering:
"Director Imanishi, I'm leaving in person."

"It was probably just an accident that the opponent won just now."

"After all, it is a court trial, so there will always be some uncertainty."

"It should be safe now."

"It looks like we can call it a day."

Niwa, who was in the corner of the auditorium, also felt a little joy and excitement the moment the court announced his decision.However, with Kawamoto Highway's lawyers coming out again, the case seemed to be back on the edge of the cliff in an instant, that precarious dangerous edge.Niwa bit his lower lip lightly, frowned slightly, and leaned forward slightly, as if immersed in the atmosphere of the trial.

Is this the level of lawyers of listed companies?

Just at the beginning of the case, the fight was so difficult, Niwa thought to himself, and couldn't help but sweat even more for the two lawyers on the plaintiff's bench.

Miyagawa was sitting in his seat, and when he saw his father come out and wanted to raise a new defense, he immediately became nervous.Can't go back, definitely can't go back.Miyagawa encouraged himself in his heart.

I absolutely can't keep silent like the last time I negotiated in the law firm.

Be sure to share some pressure for Beiyuan around you.

Imanishi stood in the dock, with a calm demeanor and blazing eyes, showing the demeanor of a senior lawyer.Imanishi opened his mouth, and he heard him say in a stern voice: "The chief referee. The Kawamoto Expressway is not a qualified defendant in this case. I request the collegiate panel to dismiss the case immediately because it does not meet the conditions for prosecution!"

[Defendant's qualified defense]

[The so-called qualified defense of the defendant is to claim that the other party is suing the wrong object.For example, one day, your friend 1 borrows money from you through friend 2.You transfer money to friend 2 through friend 1.Later, friend 1 owed the debt and did not pay it back, so you went to the court to sue.Legally speaking, you have the right to claim against your friend 1, and you should sue friend 1 in court.However, if you sue in court, instead of friend 1, you sue friend 2, which means that the defendant is ineligible.Because the person who really owes money is Friend 1, not Friend 2.Friend 2 only plays the role of conveying and introducing in this process.This example is the defendant's disqualification]

Imanishi's voice was as cold as a knife being drawn out of its sheath, and the moment it was drawn out, it seemed that the entire courtroom was illuminated by cold light, shining with a frightening sharp knife light.

"I hope the chief referee will notice," Imai said with a relaxed expression while looking at the referee's seat, "the expressway section in this case is extremely special. According to the "Highway Law" and "Regulations on the Administration of Highway Charges", the G227 section of expressway in this case belongs to the A special 'loan repayment toll road' rather than a general operating road."

The corners of Imamishi's mouth curled up slightly, and he continued to explain, "The so-called 'repayment toll road' means that the relevant local city hall borrows money from the expressway company to build the road. Borrowing costs for the company. The real owner of the 'loan toll road' is the local council, not the highway company."

"As far as this case is concerned, the G227 expressway involved in the case spans Tokyo and Hachioji City. It was built by the city hall of Hachioji City with a loan from Kawamoto Expressway, and it is owned by the city hall. After completion, the city hall will A toll station is set up at the gate to collect fees, and the employees are arranged by Sichuan Expressway through labor dispatch. Although the staff at the gate belong to the Sichuan Expressway, they obey the command and management of the city hall.”

"And the fees obtained by the gate are used to repay the loan to Kawamoto Expressway. Therefore, in this case, there is no direct legal relationship between the plaintiff Terai and Kawamoto Expressway. On the contrary, the other party has a real legal relationship with it. It should be the City Hall of Hachioji City. Kawamoto Expressway only collects road usage fees for the City Hall. The other party’s so-called paid use contract should be established between the City Hall and Terai, not between Kawamoto Expressway and Terai.”

"Therefore, Terai, the plaintiff, should sue the city hall of Hachioji City, not the Kawamoto Expressway. This case is a typical defendant who is not qualified. I request the chief judge to dismiss the other party's lawsuit in court!"

After the words fell, an almost impeccable legal discourse appeared.

That's the scary thing about senior litigators.

Miyagawa's face had turned pale, and his father's speech had been written down densely on the paper on the table.The expressway is actually subdivided into "loan repayment toll road" and "commercial road". This kind of detailed division has never been thought of by Miyagawa.Miyagawa never thought that such a detailed division would lead to the city hall not the Kawamoto Expressway being the owner of the highway.

If this is the case... Miyagawa found that she could not help agreeing with her father's point of view: the defendant in this case is not qualified.

The desktop in the plaintiff’s seat is full of various files, various brown file bags, transparent file bags, piles of A4 papers are placed on it.Although it looks a bit messy, carefully written note papers of various colors are pasted everywhere so that users can turn to them at any time when needed.

Miyagawa looked anxious, and immediately flipped through various documents and materials on the desktop, pulled out the paper from the file bag, and suddenly heard the sound of many pages flipping, looking for all the materials that could fight back against her father.

However, it is still too difficult to counterattack on the spot.

Toll roads are divided into loan repayment toll roads and general operating roads.

The former is owned by the city hall, while the latter is privately owned by the enterprise.

Such an extremely detailed division of toll roads is hardly even noticed by lawyers who are not very familiar with expressway business.Imanishi has served as the legal counsel of Kawamoto Expressway for many years, and only this kind of experience made him very familiar with the legal business of expressways, so that he was able to raise this extremely unique defense.

Sitting in the dock, Onoda looked at Imanishi's figure and listened to Imanishi's argument, and hope was ignited in his heart.As expected of Director Imamishi, this statement hit the opponent seven inches above the target, directly hitting the vital point.

Although his attack failed, Onoda's strategy inspired Imanishi.

Onoda also contributed to Imamishi's defense.

Thinking of this credit, Onoda couldn't help but smile again, his face was still a little pale just now, and his blood was restored immediately.

The legal team of Kawamoto Expressway had a smug smile on their faces after hearing Imamishi's discussion.

Although such a battle was a bit cruel to the young lawyer opposite.

But, there is no way.

In front of senior lawyers, it is normal to be defeated.

The case was just filed, but it was dismissed in court. Although it is embarrassing, the other party is also a listed company after all, so it can be regarded as a fight.

This battle is over.

It was over the moment Attorney Imanoshi stood up in the dock.

Imam Nishi's voice seemed to be still faintly echoing in the entire courtroom.

The reason for the defense raised by Imam Nishi just now seems to have become the victory declaration of Kawamoto Expressway.

The goal set by Imamishi's lawyer team is to dismiss the other party's lawsuit in court today.

Now, Imanishi is really going to do it.

Judge Kumagai on the trial bench nodded slightly at Imanishi, as if approving this exquisite legal discourse, and then looked at the two young lawyers in the plaintiff's seat: "The plaintiff respects the defendant What is the response to the grounds for this plea."

Following the judge's voice, all eyes in the court fell on the young lawyer named Bei Yuan in the plaintiff's seat.

It was as if a spotlight was on the young male lawyer.

People can't help but focus on this male lawyer.

I don't know when, he gradually became the center of this trial.

(End of this chapter)