Grassroots lawyers also have spring

Chapter 126 People ran out of money and didn't spend it all, thanks!
Sitting in the spacious and bright office of Ms. Wang's company, drinking fragrant tea, Wang Chuan looked at the surrounding decorations with envy: Guomao business district, this is a place where every inch of land is expensive in the imperial capital. It is definitely not enough to own a company here. vulgar.

After a while, footsteps sounded, and as soon as the door opened, Ms. Wang walked in: "Lawyer Zheng, Lawyer Wang, I've been waiting for a long time! I signed all the documents."

"Okay, we will go to the court to file the case in the next two days, and then we will contact you about paying the legal fees." Zheng Yi said.

"How much is the legal fee? I'll get it for you directly, so as not to run back and forth. You also know that this is my private matter, and I don't want people in the company to know." Ms. Wang said.

"The legal fee is about 5000 yuan, and should not exceed 6000 yuan." Zheng Yi said.

"How about this, I will give you 6000 yuan directly, refund the excess and make up for the deficiency. You help me pay the legal fees." Ms. Wang took the donkey bag and took out a stack of red notes.

"Okay, I'll give you a receipt." Zheng Yi said, took out a piece of A4 paper from the file bag, wrote the receipt with a pen, and handed it to the other party.

Ms. Wang smiled after receiving the receipt: "Your lawyers are rigorous in their work. By the way, I have a question to ask you. I wonder if you have time?"

"Say it!" Zheng Yi smiled.

"Our company signed a sales contract with a domestic company. We sold a batch of goods to the other party, and the other party paid us. This was nothing more than normal.

But the buyer is short of funds now, so they negotiated with us to pay in installments, and we finally agreed, but this is the first transaction we have with them. Finally, we both agreed that their group company would come forward to guarantee and sign a guarantee agreement.

Wait a minute, I'll ask my assistant to show you the guarantee agreement. "Ms. Wang dialed the mobile phone while talking, and after a while, a dignified girl in business attire walked in with documents.

Zheng Yi took the agreement and looked through it.

"Look at Article 15, which stipulates that their guarantee responsibility is an independent guarantee, which will not be affected by the nullity of the main contract.

The buyer's staff explained to us that regardless of whether the sales contract is valid, whether the trip is completed, or whether there is a breach of contract, the guarantor will bear independent guarantee responsibilities. As long as we ask for payment, the guarantor will pay.

Moreover, what they said was convincing, and they provided me with a legal basis, which seems to be the first paragraph of Article 4 of the "Guarantee Law".I want to check with you, is that right? Ms. Wang said, and took out an A[-] paper: "I asked someone to print out the "Guarantee Law", you see!" "

Zheng Yi reached out to take the A4 paper, found the first paragraph of Article [-] of the "Guarantee Law", and then looked at Ms. Wang: "Mr. Wang, there may be something wrong with the explanation the other party gave you."

"What do you mean?" Ms. Wang asked.

"The first paragraph of Article [-] of the "Guarantee Law" stipulates that the guarantee contract is a subordinate contract of the main contract, the main contract is invalid, and the guarantee contract is invalid. If the guarantee contract stipulates otherwise, the agreement shall be followed." Zheng Yi said.

"Yes, isn't that very clear? If there are other provisions in the guarantee contract, follow the agreement. There is a special agreement in the guarantee contract issued by the guarantor, independent guarantee." Ms. Wang was puzzled.

"You are talking about legal provisions, but in judicial practice, the Supreme People's Court has always held a negative attitude towards this independent guarantee clause. To put it bluntly, it does not recognize it. This independent guarantee can only be used in international commercial transactions, domestic business not applicable.

I say this, you may not have an intuitive feeling, let me give you an example.

In the case of Hunan Machinery Import and Export Company, Hainan International Leasing Company and Ningbo Dongfang Investment Company in the case of an import contract dispute, the Supreme People's Court held that independent guarantees have the disadvantages of fraud and abuse of power, which can easily lead to more disputes. Therefore, the independent guarantee clause is deemed invalid.

There are many similar cases, so I won't list them all for you. " Zheng Yi said.

"Oh! So that's what happened. It seems that what the guarantor said can't be trusted!" Ms. Wang realized.

"I infer that there are two possibilities for the other party to explain to you in this way. One is that they do not understand judicial practice and just follow the scriptures; the other is that it is hard to say, and there may be a huge risk behind it." Zheng Yi believes that Ms. Wang can Understand the meaning of what you say.

"Well, I understand. Thank you!" Ms. Wang smiled rarely.

After Wang Chuan listened to Zheng Yi's explanation, he glanced at him. He didn't expect that Lawyer Zheng, who usually seems to be lazy, has hidden so many dry goods. It seems that he still has to learn!
After leaving the office building, Zheng Yi turned to look at Wang Chuan: "The court with jurisdiction over Ms. Wang's case is the Fangshan Court. I will go to Fangshan Court with me to file the case tomorrow. I will take you to meet my master."

"Your master works in the court?" Wang Chuan asked suspiciously.

A thought suddenly popped up in Wang Chuan's mind: Could it be that Lawyer Zheng was a judge in a court before?
Zheng Yi smiled slightly: "My master works at the gate of the court." After speaking, Lawyer Zheng strode forward and went straight to the subway station.

At the gate of the court, is it the bailiff?Looking at Zheng Yi's back, Wang Chuan couldn't see through him.

After lunch the next day, Zheng Yi took Wang Chuan to Fangshan Court. The Shijingshan law firm was not close to Fangshan Court, and it took nearly two hours for the bus to stop and go.

It was past three o'clock in the afternoon when Wang Chuan entered the Fangshan court, and he successfully completed the filing work and paid the legal fees.

After leaving the court, Zheng Yi led Wang Chuan to a door-to-door house not far away.

"Hello, is Lawyer Liu there?" Wang Chuan asked as he walked into a doorway with a legal consultation room.

"Lawyer Liu is on vacation!" A man wearing glasses who was arranging documents stopped what he was doing, looked up and said, "Yo! It's Lawyer Zheng, long time no see!"

"Lawyer Zhao, where did my master go on vacation? You are the only one left!" Lawyer Zheng laughed.

"It is said that this time I went to Gansu, and I went with a few friends." The man with glasses laughed.

"Hey! At such an old age, I can still run. It would be nice to work on cases at home and coax my grandson. I won't be tired when I run outside!" Lawyer Zheng said with a smile.

"Hey! You don't know. For the past two years, Lawyer Liu has basically been in a state of retirement. He worked for half a year and took half a year off. In the first half of the year, he earned a hundred thousand yuan. In the second half of the year, he started to travel around when he had nothing to do. He stopped working on cases!
In his words: At such an advanced age, what are you doing earning so much money? One day, it will be useless to have a lot of money. If you don’t have money, you can’t spend it all. Thanks ah! "The man with glasses laughed.

"Hey! That's right, he doesn't have to worry about food and drink now. His daughter-in-law is filial, and his son is a civil servant with a stable job. Being a lawyer is purely because he is afraid of his own dementia!

have to!I won't bother you anymore, let's go! "Lawyer Zheng turned around and led Wang Chuan out of the front room after speaking.

On the way to the station, Lawyer Zheng walked very slowly, more like taking a walk.

(End of this chapter)