Tokyo Barrister: Start the law firm bankruptcy

Chapter 77 The Final Blow From Civil Procedure Law

Imanishi thought it was over, when he heard Kitahara speak again, he thought that Kitahara was just complaining like a defeated general.After all, in his decades of trial experience, he has always encountered some lawyers.Although he was completely knocked down in the court trial, he insisted on speaking hard, saying "objection", "that's not the case", "please referee to investigate clearly" and other useless words.

However, Imanishi saw that Kitahara took out a value-added tax invoice issued by Kawamoto Expressway in an instant, and quickly used the content of this value-added tax invoice as a basis to refute. His reaction speed and courage were shocked.

Imano's eyebrows twitched a few times.He admitted that the young man in front of him did have some strength.It is estimated that the arrogant attitude of this young man comes from his strength.Indeed, Beiyuan, as a law student who just graduated two years ago, was able to reach this level, which is very good.Indeed, you have crazy capital.However, just reaching this level is not enough.In the face of absolute strength, this level of counterattack is not enough.

Imamishi straightened his chest slightly, and took out a document from the dock behind him, and said loudly: "Chief judge, issuing a special value-added tax does not explain anything. As I have explained to the court, Hachioji City Hall Due to public pressure, the reform of the road system was interrupted for a time. Therefore, the transfer of the property rights of the G227 section of the expressway involved in the case was chaotic for a period of time. The employees of the toll gates have issued ordinary administrative fees in the name of Hachioji City Hall. Invoices, there are also special value-added tax invoices issued in the name of Chuanben Expressway.”

"Therefore, the existence of the invoice does not mean that there is a contractual relationship between Kawamoto Expressway and Terai for paid use of the road. In fact, the property rights of the G227 section of the expressway involved in the case have always been in the hands of the Hachioji City Hall. The current management of the G227 section of the expressway Employees are dispatched by our Kawamoto Expressway through labor dispatch, but our employees are under the management and command of the Road Bureau of Hachioji City Hall.”

"At the same time, I would like to draw the court's attention. Issuing invoices and filling in invoices requires certain knowledge of taxation. The staff at the toll gate lack this knowledge. Due to the chaotic road system reform of the Hachioji City Hall, they issue invoices for administrative fees at one time, and at the other They also issued an invoice in the name of Kawamoto Expressway by mistake. This kind of error in filling is understandable."

"I also want to draw the attention of the chief referee." Imam passed the materials in his hand to the clerk and the judge, and then displayed the paper in front of the court.

This piece of paper is also a printout of an invoice.

It's just that this invoice is different from the invoice that Beiyuan showed just now.

This invoice is light pink throughout.

The title in the middle of the invoice is confirming a few large characters: administrative fee invoice.

On the issuing side, it is printed with the words "Hachioji City Hall", not the Kawamoto Expressway that appeared in the special value-added tax invoice just now.

Imamishi continued: "The one in my hand is the latest invoice issued by the G227 section of the highway involved in the case. Obviously, this is an ordinary invoice for administrative charges. The invoice clearly states that the toll is the Hachioji City Hall. At present With the suspension of the road system reform of the Hachioji City Hall, many reform and transitional measures in the past are being corrected, including the issuance of invoices. Now the invoice issuance of the G227 section of the expressway involved in the case has been completely corrected. Staff at the toll gate Special value-added tax invoices issued in the name of Chuanben Expressway will no longer be issued."

"Therefore, if the plaintiff's lawyer now re-applies to the road management for an invoice, I believe that this time it will be an administrative fee invoice in the name of Hachioji City Hall instead of a special value-added tax invoice."

Imanishi relentlessly continued to pour cannonballs at the young man in the courtroom.

If it were the previous court trial, I am afraid that Imai Nishi would stop here.But he can't.Because this trial is related to the approval of Kawamoto Expressway's financing and share expansion, he must do it today—no!Yes wait!Just let the court dismiss the case outright.

"Chief referee." Imam continued, "just now the plaintiff's lawyer said that the issuance of the invoice represents the confirmation of the facts of the contract by the tax authorities. I would like to remind the plaintiff's lawyer. The invoice in the plaintiff's hand was issued by the expressway employee by mistake. We have I applied to the tax bureau to issue a red-letter invoice to offset the wrongly issued special value-added tax invoice. If there is no accident, the tax bureau will declare the original invoice invalid. When the time comes, what effect will the invoice in the plaintiff's hand have?"

Jin Xi raised the printout of the invoice in his hand, and finally fired: "The tolls charged by the administrative agency for expressways belong to the special exemption scope of value-added tax. The invoice for the administrative fee also represents the confirmation of the facts of this case by the tax authority. It is a toll-toll relationship, which should be established between Terai and Hachioji City. The defendant in this case is not qualified and does not meet the conditions for prosecution!!"

The last cannonball finally poured out.

This is true all-round fire coverage.

Do not leave any room for the other party.

The moment Imanishi finished speaking, all eyes in the courtroom involuntarily fell on the male lawyer in the plaintiff's seat.Even the legal team of Kawamoto Expressway sitting in the auditorium couldn't help sweating for that young man, and they were glad that they were working for Kawamoto Expressway.If they were that young man standing in court and accepting the torture-like attack of lawyer Imanishi, they would have been killed to death.Even though he lost, it was an honor to lose.

Looking at Bei Yuan's figure, Miya Chuan only felt that she was useless. For this battle, she found that she had absolutely no strength to participate in it.Beiyuan...Beiyuan, he has tried his best.Miyagawa lowered his head slightly, holding a pen, and sat blankly on the plaintiff's seat.

The court fell silent for a moment.

Under this terrible silence, every minute and every second passed very slowly.

"I have nothing to add." The voice of the young male lawyer on the plaintiff's side sounded.

Yes... the other side finally surrendered.

Hearing the voice of this young male lawyer, the Kawamoto Expressway team in the dock and the auditorium seemed to be relieved in an instant, as if they were freed from an endless battle.

The great sense of oppression brought by the young male lawyer seemed to disappear instantly.

In an instant, it seemed that even his breathing became a little lighter.

Imam smiled triumphantly, straightened his collar and tie, and turned around triumphantly towards the defendant's seat, preparing to sit down.

Suddenly, there was a sound of flipping a book.

The sound of flipping pages was particularly harsh in the somewhat quiet courtroom.

Imam turned around, and saw Beiyuan standing in front of the plaintiff's seat with a serious expression, holding a "Civil Procedure Code" in his hand, flipping through the pages quickly, as if he was looking for something.

In an instant, against the backdrop of the heated debate just now, this scene looked so ridiculous.

Hehe, I just came to read the law just before the battle, and Jinxi snorted coldly, showing infinite contempt for this young man, and was about to sit down, but heard Beiyuan's voice: "Huh—?"

A question word that was dragged on for a long time seemed like a child who was ignorant of the world, asking questions in court, which formed an extremely sharp contrast with the serious atmosphere in the court.

The moment Niwa heard this modal particle, he couldn't help but burst out laughing.Although Niwa is young, he has met countless people in the process of being a reporter.The long interrogative tone was obviously faked.On the surface, he pretended to be puzzled, but the long ending sound contained a bit of bitter sarcasm and ridicule.This bit of sarcasm was further amplified by the tone of the pretense of doubt, making it both funny and funny.

"Chief referee, I found out that both of us seem to have been arguing wrong just now." Bei Yuan held the "Civil Procedure Code" in his hand and turned around, looking at Judge Kumagai on the referee's seat.

This... is this a counterattack? !

The moment Imam heard Kitahara's words, he suddenly turned his head, his eyes were like a falcon, scanning Kitahara in front of him sharply.Does he have another trick?It shouldn't be! ! !Imanishi's brows twitched again, could it be... Could it be that he really has another trick? !This is absolutely impossible!

"Oh? Tell me." Judge Kumagai was on the trial bench, and when he heard the young male lawyer in the plaintiff's table say this, his interest became even higher and he showed a happier expression.

"Attorney Imanishi is a senior lawyer, so I respect him very much. Just now he said that 'qualified defendant' is one of the conditions for filing a civil lawsuit, so I didn't even read the law, so I thought what Imanishi said was right. But I just read the "Civil Procedure Law", it seems that this is not the case."

Kitahara showed a strange and cautious smile at Imai, "The chief judge please pay attention to the original text of Article 310 of the "Civil Procedure Law". In the second item about the conditions for filing a lawsuit, the Civil Procedure Law states that 'there is a clear The defendant'. That is, the defendant must be clear before the court can accept it. That is to say, the civil procedure law only requires that the lawsuit has a "clear defendant" before it can be accepted, and there is no requirement for a "qualified defendant". Whether the defendant is qualified or not must be Leaving it for the substantive phase, the court cannot simply dismiss the prosecution."

"As for the distinction between 'clear defendant' and 'qualified defendant', please refer to the Chief Judge's Judgment No. 65 (Civil) No. 2377. This judgment was issued by the Tokyo High Court. In the precedent book, but the judgment clearly stated: the "definitive defendant" required by the civil procedure law only means that the defendant's information is clear and the specific defendant can be identified, and it does not mean that the "defendant must be qualified". The court The prosecution cannot be dismissed on the grounds that the 'defendant is unqualified'."

[Qualified defendants are not the conditions for prosecution stipulated in the Civil Procedure Law]

[According to the "Civil Procedure Law", the prosecution conditions only require "clear defendants".For example, you sue someone for money back.As long as you have the identity information of the person, it belongs to the defendant and the court must accept it.As for whether the person really owes the money, and whether the money is owed to someone else, these issues belong to the question of whether the defendant is qualified, not a procedural issue, and they need to be heard in court before they can be confirmed.The court cannot directly reject]

It was like a "boom".

The battlefield, which had been somewhat calm just now, suddenly exploded with a loud bang.

The moment he heard Kitahara's words, Imanishi felt his entire body stiffen.Imanishi knows himself very well. Since his law firm has focused on non-litigation business, he has rarely done litigation.The sense of law for the law has declined a lot, and I seldom delve into the specific law itself.But he was still full of confidence before, because he believed that the opponent he was facing was just an ignorant kid.

However, just when Beiyuan really read the legal article seriously, and compared every word of the legal article to confirm Imam's claim, Imam panicked.

For the first time in front of this young man, he felt flustered.

His most hidden weakness seemed to be completely exposed by the young man in front of him.

I... I seem to have really made a mistake.

Imam's body trembled slightly. He seemed to have made a mistake. He seemed to have made a mistake in the second item of the Civil Procedure Law on the conditions for prosecution.

I was too self-confident that I just understood the law according to what I took for granted, instead of consulting the court's judgment precedents and annotations on the law.

Imam opened his mouth slightly, showing out-of-control expressions and emotions for the first time in court.

"Chief referee." Kitahara seemed to have seen Imamishi's embarrassment. Like a general, he took a step forward and pursued the victory. "In addition, I would like to add one more thing about the invalidation of the defendant's agent's invoice. Whether the contract is established or not depends on the Judging the situation at the time based on the intention after the event—that is, the invoice was invalidated after the event—is obviously the reverse of the effect!”

"Only the intentions of the parties at the time should be considered by the court. Just now the defendant denied the issuance of the invoices in the matter by invalidating the invoices after the event. Obviously, it is inferring the intentions of the parties in the event based on the intentions after the event. This conclusion is obviously wrong! Whether or not Kawaben Expressway and Terai have expressed their intention to establish a paid use contract can only be inferred from the evidence at the time of the event, not the evidence after the event. Should be considered!"

It sounded like a hammer falling to the ground.

Compared with Imanishi's long speech just now, Kitahara's words seem refined and concise.

As if this is the real final word.

"I have fully understood the opinions of the attorneys of both parties." Judge Kumagai said with some satisfaction as he looked at the lawyers of the two parties who had argued fiercely just now.The debate between lawyers from both sides just now can be said to be one of the few in Judge Kumagai's trial career, and it can be called a wonderful trial.Judge Kumagai smiled slightly: "Next, I will re-declare whether this case falls within the scope of civil acceptance."

(End of this chapter)