Lawyer

Chapter 120
Early on Monday morning, Fang Yi took the [-]:[-] a.m. train north to the capital.

Li Shuming's case of buying a car in the name of others was not heard in the Haidian Court itself, but in a dispatched court.It took Fang Yi a lot of effort to find the place by taking a taxi. The taxi fare alone cost more than 200 yuan. I don't know if it was because of the traffic jam or the driver took a detour. Anyway, it is quite expensive.

When Fang Yi entered the court through the security channel, the defendant had already arrived. He was a middle-aged man in his 30s. When the clerk checked the identities of both parties, Fang Yi knew that this middle-aged man was the manager of the defendant's [-]S store. His surname was Cheng. .

This case was heard by a judge alone. The judge's surname was Tian. She was a young female judge.

The procedures before the civil lawsuit are the same, the clerk verifies the identity of both parties, reads the court discipline, and so on.

Judge Tian sounded the gavel, and the trial officially began. First, the plaintiff stated the claims, facts and reasons.

"Procedures: [-]. Request the court to invalidate the car purchase contract previously signed by the plaintiff; [-]. The litigation costs of this case shall be borne by the defendant.

Facts and reasons: The plaintiff went to the defendant's No. [-] S store to look at the car due to the need for a car.Because the plaintiff himself did not have the car purchase quota in Beijing, he could not buy a car and get a license plate.The salesperson of the defendant’s fourth S store informed that the plaintiff could borrow or lease a friend’s unused Beijing license plate, sign a car purchase contract with the defendant in the name of the lessor, and then sign an agreement with the license plate lessor, stipulating that the vehicle should be owned by the plaintiff.

Afterwards, the plaintiff found his friend Zhu Ming, signed a car purchase contract with the defendant in Zhu Ming's name, and paid a deposit of 3 yuan for the car purchase.Later, because Zhu Ming did not agree to lend the license plate, he refused to go to the [-]S store to go through the follow-up car purchase procedures, resulting in the failure to continue to perform the contract.

The plaintiff negotiated with the defendant several times about refunding the deposit, but the defendant refused.In desperation, the plaintiff will be informed to your court, please support the plaintiff's claim in accordance with the law.

complete! "Fang Yi read the indictment again.

"The defendant is defending." Judge Tian looked at the dock.

"Defendant disagrees with Plaintiff's motion for the following reasons:

The plaintiff bought a car in our store instead of his friend Zhu Ming, and he took a fancy to a car.Later, the plaintiff's friend Zhu Ming signed the "Vehicle Sales Confirmation Form" with us, and paid a deposit of 3 yuan by card.Not long after that, we contacted Zhu Ming to pick up the car, but Zhu Ming refused to come to our store to pay the final payment and pick up the car, which made it impossible to perform the contract signed by both parties.

We believe that the inability to perform the contract was caused by the plaintiff's friend and had nothing to do with the defendant, who did not agree to return the deposit. " Manager Cheng said.

"Now we will present evidence and cross-examination. The plaintiff will present evidence." Judge Tian said after reading the case file.

"The first piece of evidence, the "Vehicle Sales Confirmation Form", proves that the plaintiff and the defendant have a vehicle sales relationship.

The second piece of evidence, the card swiping transaction records, proves that the plaintiff paid a deposit of 3 yuan to the defendant by swiping the card according to the agreement.

The third piece of evidence, the WeChat records of the plaintiff and the defendant’s sales staff, proves that the defendant knew that the plaintiff was not qualified to buy a car and suggested that the defendant buy a car under his name.

The proof is over. "Fang Yi said.

"The defendant cross-examines!" Judge Tian looked at the dock.

"The first piece of evidence, the Vehicle Sales Confirmation, we accept.

We also accept the second piece of evidence, the transaction record of swiping the card.

The third piece of evidence, which we do not recognize, is that the WeChat chat records were the personal behavior of the salesperson, and the defendant was completely unaware of it.

complete. " Manager Cheng said.

"The defendant is presenting evidence," Judge Tian said.

"The defendant has no evidence." Manager Cheng said.

"Defendant, let me ask, was Zhu Ming himself present when you signed the Vehicle Sales Confirmation Form with Zhu Ming? Who was there?" Judge Tian looked at the dock.

"It's been too long, I don't remember clearly, Zhu Ming should have been there." Manager Cheng's eyes flickered, looking at the statement of defense on the table.

"Is the signature on the "Vehicle Sales Confirmation Form" the plaintiff's?" Judge Tian asked.

"It should be." Manager Cheng nodded.

"Plaintiff, who signed the name of 'Zhu Ming' on the "Vehicle Sales Confirmation Form"?" Judge Tian looked at his words, and seeing Manager Cheng's unnatural expression, he was puzzled, and turned to look at Fang Yi.

"The "Vehicle Sales Confirmation Form" was signed by the plaintiff instead of Zhu Ming. The plaintiff confirmed with the defendant's employees through WeChat at the time. Zhu Ming could not arrive at the scene, so the plaintiff can sign on his behalf. The evidence submitted by the plaintiff just now has relevant content." Fang Yidao.

"Defendant, do you agree with the plaintiff's statement?" Judge Tian looked at Manager Cheng again.

"Well... I don't agree. It was signed by Zhu Ming himself at that time." Manager Cheng beat him to death and refused to change his words.

"Judge, we require handwriting identification. The handwriting on the "Vehicle Sales Confirmation Form" is indeed written by the plaintiff." Fang Yi said.

"Defendant, let me explain to you that if the result of handwriting identification shows that the signature on the "Vehicle Sales Confirmation Form" is consistent with the plaintiff's handwriting, the defendant will bear the identification costs.

Let me ask you again, who signed the "Vehicle Sales Confirmation Form"? "Judge Tian looked at the dock.

Li Shuming’s manager knows everything about Li Shuming before and after he bought the car, but he already said that it was signed by Zhu Ming, and now he just changed his words. Firstly, he felt a little embarrassed, and secondly, he was afraid that the judge would think he was lying (actually, the judge already thought so. ), but if he doesn’t change his mind, the [-]S store will definitely have to bear the appraisal fee, and the [-]S store will definitely put this account on him, and he doesn’t want to bear the cost.Right now he needs a step up and an excuse.

"Judge, can I confirm? There are so many people who bought cars during this period, I really can't remember." Manager Cheng looked at the judge with his face changing.

"Okay, the court will be adjourned for 5 minutes, you can ask now." Judge Tian did things neatly, and gave Manager Cheng 5 minutes on the spot to ask him to call to inquire.

Manager Cheng took out his mobile phone and dialed out: "Xiao Gao, before your client Zhu Ming came to buy a car, who signed his "Vehicle Sales Confirmation Form", do you remember?"

"Manager Cheng, are you talking about the customer who bought the Toyota?" Xiao Gao's voice came from the phone. It may be that the quality of Manager Cheng's mobile phone is too good, or it may be that the trial court is too quiet. Hear the other party's voice.

"...Yes...that's the customer who bought the Toyota." Manager Cheng confirmed.

"Weren't you there at the time? It was the "Vehicle Sales Confirmation Form" that you assisted the other party to sign, you forgot?" Xiao Gao said.

(End of this chapter)