You became a lawyer and sent the judge in?

Chapter 155 Triple questioning!Why is your bank irresponsible? ! (violent)

For Su Bai, what is the key point of this lawsuit?
The most critical point is the bank!

Banks should be jointly and severally responsible for unfinished buildings!

Nanjian Real Estate Co., Ltd. has no money?

no problem!
You don't have money, so I'll let the bank take responsibility for the head office, right...?

You can't tell the bank that you have no money, can you?

What kind of bank do you open if you have no money!

Besides, if you really don't want to pay the money, it's fine, then my previous loan has interest, late payment fees, and handling fees.

I won't pay it back, is that okay? !

As for what to do with the boss of Nanjian Real Estate...it's so easy...
Pay back the money, forget it.

If not, go in.

According to the provisions of the criminal law, it should be less than five years...
The specific sentencing, according to Su Bai's estimation, is about three years.

tsk tsk...
This group of guys just want to make home buyers take responsibility, why?
They should also assume their due responsibilities, instead of letting the hard-earned money of home buyers go to waste, and let vulnerable groups such as home buyers bear the responsibility.

Otherwise, why does the law stipulate so many regulatory treaties?
The purpose of law is to protect the weak and the victimized.
.
 …
After Su Bai stated the lawsuit application.

There was no change in the trial scene... Those who watched the live broadcast outside the trial were very nervous.

Especially Wang Wu.

As the person in charge of Nandu Bank, he did not want to see any problems in this trial.

after all.….
Something went wrong, he, the person in charge of Nandu Bank... couldn't escape!
And there is...
It will cause irreparable losses to Nandu Bank! .
 …
In court.

On the seat of the trial bench, Zhu He glanced at the materials, then raised his head slightly, and glanced at Su Bai.

As the presiding judge of the Supreme Court, Zhu He has a certain understanding of this case.

And I decided from the bottom of my heart that this case is a typical complicated case.

Because of this case, there is a problem involved.

That is the fault of the third party, the bank, whether it is a major fault, and whether the loan has an indispensable connection with the unfinished business of the real estate developer.

From the perspective of the final appeal of the entire case, this is the key content of this case.

With a clear understanding of the case, the next question depends on the pleas of both parties in court.

Boom boom boom!
The gavel sounded.

"The plaintiff's agent ad litem has finished his statement..."

"Next, let the defendant, the litigation agent of Nanjian Real Estate Co., Ltd., speak."

"Good judge."

As a lawyer in real estate disputes, Wang Jiangyang helped Ye Zhenghuan fight many cases.

among them.

The winning rate is very high.

Under normal circumstances, if there are no major problems, you can win the lawsuit.

In this court trial...the other side made it clear that they wanted to take advantage of the bank's illegal operations and hold the bank accountable.

The lawsuit against Nanjian Real Estate claims compensation for losses... There is nothing wrong with this according to the requirements in the contract.

It is meaningless to rebut from this aspect and let the other party's lawsuit application be dismissed, and it will certainly not support this situation legally.

even.….
There is nothing wrong with Nanjian Real Estate Co., Ltd. not notifying the creditors.

Because Nanjian Real Estate Co., Ltd. did not notify the creditors.

In fact, Wang Jiangyang knew what the other party was thinking.

That is to accuse Nanjian Real Estate of maliciously evading debt.

This is the most critical question.

There is also the question of the amount of compensation.

However, Su Bai obviously calculated the amount of compensation.

No big counterarguments.

"If you want to plead and refute, you only need to refute the point of malicious debt evasion."

Wang Jiangyang said silently in his heart,
After determining the main contradiction of the plea, look at the seats in the courtroom.

"presiding judge."

"We refute the plaintiff's accusation that we have maliciously evaded debts."

"In terms of the legal definition, a company's malicious debt evasion refers to the company's shareholders, actual controllers, or other managers, etc., in order to obtain illegitimate benefits."

"Using its control, management, or business operation, etc., abusing the company's legal personality and fixed limited liability, taking malicious transfer of company property and utilization, malicious dissolution and cancellation of the company, malicious bankruptcy and other illegal means to evade debts."

"An act that damages the interests of the company and creditors, and prevents creditors from realizing their rights through legal means."

"According to our bankruptcy procedure, our bankruptcy process is formal and there is no problem..."

"We apply to dismiss the other party's accusation against us maliciously evading debt..."

"Presiding judge, Nanjian Real Estate Company's lawsuit application statement has been completed."

"Ok!"

"Apart from the Nanjian Real Estate Company's malicious evasion of debts, do you have any objections to other claims?"

"Presiding judge, we have no objection to the plaintiff's other claims."

"it is good."

Zhu He nodded slightly, and then looked at Nandu Bank: "Now, the defendant Nandu Bank's agent should make a statement."

Xu Zhiqiang took a deep breath when he heard the presiding judge's words.

Take out the litigation materials prepared in advance, put them on the top, and then slowly state:
"In response to the plaintiff's request to us, our application is dismissed."

"We have no cooperative relationship with Nanjian Real Estate Co., Ltd., but the supervision funds are kept in Nandu Bank. The funds are used to build Nandu Xiushui Garden Community."

"We are only responsible for monitoring funds."

"Although we have violated the regulations, it does not mean that we have a relationship with the real estate developer."

"The use of funds is not controlled by the bank."

"Our illegal distribution of funds and the unfinished construction of Nandu Xiushui Garden Community do not constitute a legal causal relationship, nor do they constitute a joint and several liability issue."

"Right now."

"We apply to dismiss all the claims of the litigant."

"The Southern Metropolis Bank has finished its statement."

After Xu Zhiqiang finished his statement...
Outside the trial, the audience watching the live broadcast:? ? ?
What do you mean...?

It means that you don't take any responsibility, and you dumped the blame on Nanjian Real Estate Co., Ltd., right?

"What does this son of a bitch Nandu Bank mean!!"

"What do you mean does not constitute a legal causal relationship! You are violating the rules, and you still say such things, do you want to have a bad face!"

"Fuck! This Nandu Bank is disgusting. Last time there was a lot of trouble, this time it happened again. I think this Nandu Bank should be given an award now, called the Shameless Award! I am really convinced, this Nandu What the bank said is too disgusting!"

"I can see that Nandu Bank is completely throwing the pot away. It doesn't want to take responsibility. It also wants this and that. Anyway, it can't do whatever it wants. No. 1 throwing the pot away. As for Nandu Bank, I only have Four letters: CTMD!"

"Thank you! I will resolutely boycott Nandu Bank in the future!"

“+1+1+1+1+1”

"Nandu Bank hasn't gone bankrupt until now. It's really awesome. I hope it goes bankrupt soon. It's all harm to people."

"..."

There was a burst of abuse on the barrage of the live broadcast.

After a few seconds, someone asked:

"Ms. Luo...the legal lawyer of Nandu Bank said this, is there any basis and reason...?"

"Yes, yes, everyone, stop scolding..."

"Let's listen to what Teacher Luo said..."

"Okay, okay..."

"Ms. Luo, it's good to tell us a little bit about this case, and let us know how this case is. Lawyer Su Bai, can you win the case and let Nandu Bank get down."

Facing questions from fans, Luo Daxiang pulled out his own small blackboard and drew three circles on it.

Write Nandu Bank, Nanjian Real Estate, and house buyers respectively.

After finishing, continue and explain: "The statement of the agent entrusted by Nandu Bank is the key to this trial!"

"Everyone has also seen that in this trial. The plaintiff is Su Bai acting as the litigant with full authority to sue, and the defendants are Nandu Bank and Nanjian Real Estate."

"In the legal sense, there is no causal relationship between Nanjian Real Estate and Nandu Bank."

"That is to say, regardless of the point of view of this case, Nandu Bank is only responsible for supervising funds. As for how Nanjian Real Estate builds a house, how is it built, can it be built well, is it unfinished.

There is no relationship between the above and Nandu Bank.

Only under the condition that the supervision is firm in compliance with laws and regulations, Narada Bank needs to transfer the supervision funds to the designated account of the real estate. "

"During this process, Narada Bank has the right to supervise and assume the responsibility for supervision."

"But the problem now is that the supervision of Nandu Bank is not in place. As a result, the funds for supervision have been transferred to Nanjian Real Estate without reaching a contract."

"Nanjian Real Estate misappropriated regulatory funds."

"The point of defense of Nandu Bank is that, in terms of the legal definition, even if it is misappropriation of funds in violation of regulations, Nandu Bank is only responsible for the failure of supervision."

"At present, what Lawyer Su Bai is doing is to create a causal relationship between Nandu Bank's regulatory failure liability and Nanjian Real Estate's unfinished building."

"do you understand.….?"

"..."

"Mr. Luo, what you said is too complicated... I didn't understand it very well, but I heard it. Nandu Bank is shameless."

"I seem to understand it, but I don't fully understand what it means. Can you explain it well?"

"Ahem. I have a little understanding. This should be the legal meaning of the division of responsibilities..?"

"Doesn't that mean that Lawyer Su's accusation is invalid...?"

Seeing this comment, Luo Daxiang smiled: "

Not... The key to this argument is whether Nandu Bank has illegally provided Nanjian Real Estate Company with regulatory funds, whether there is a causal relationship.

This case is being heard by the Supreme Court, and the Supreme Court will only accept the plaintiff's appeal if it considers that it is reasonable. "

"Also, this issue of responsibility is very vague. It can be determined that there is one or not. The specifics still depend on how lawyer Su will refute and reject the other party's point of view."

"To give the simplest example, of course, the situation in this example is not quite the same as that of this bank."

"For example, if someone comes to steal something, if you steal something, you have to go through the door you guard, but you open the door for him, so do you count as stealing?"

"There are some differences in this example, but the meaning is roughly the same. Can everyone understand this?"

"Understood... It will be clear and easy to understand if you say it like this!"

"Thank you, Mr. Luo, for helping us answer the question. It can be regarded as understanding."

"Well! Keep reading!"

After Luo Daxiang explained, he turned his attention to the live broadcast of the trial again.

In court.

Zhu He briefly sorted out Wang Jiangyang's statement and Xu Zhiqiang's statement.

Finished.

Boom boom boom!
Ring the gavel.

"The plaintiff's lawsuit is now complete. Enter the next court trial, and the court will plead."

"The collegial panel sorted out the statements of the parties to the lawsuit."

"First, there is a legal causal relationship between Nandu Bank and the unfinished real estate project constructed by Nanjian Real Estate."

"Second, whether the bankruptcy of Nanjian Real Estate is a malicious debt evasion behavior."

"Are there any objections to the two points compiled by the collegial panel?"

These two points are the main key points of this trial. All parties in the lawsuit understand that Zhu He has sorted out the most critical points of this lawsuit very accurately.

Su Bai: "No objection."

Wang Jiangyang: "No objection."

Xu Zhiqiang: "No objection."

dong dong!

"There is no objection from all parties. Let the plaintiff make a statement on the first point."

"Good judge."

Su Bai looked down at the material and opened his mouth.

Then he took out a sheet from the materials in front of Li Xuezhen.

Start to make a statement about whether Nandu Bank has a causal relationship with the unfinished end of Xiushui Garden.

"presiding judge.…."

"Before we start our presentation, I would like to ask Nandu Bank a few questions."

dong dong!

"The application is approved, but a reminder, don't ask too many irrelevant things."

"Good judge."

Su Bai set his eyes on Xu Zhiqiang and spoke slowly.

"According to our investigation and rough calculations, as well as the evidence submitted.

Nandu Xiushui Garden has a total of about 2500 home buyers.

Nanjian Real Estate Co., Ltd. mentioned in the requirements for buying a house that it is recommended to go to Nandu Bank for a loan.”

"And provided some convenience measures."

"Among them, there are about 630, [-] households that have received loans from Nandu Bank..."

"The amount of the loan is as high as 6000 million, and the benefits generated are also as high as hundreds of millions..."

"Excuse me. Is such a high interest rate the reason why your Nandu Bank's lack of supervision...?"

Xu Zhiqiang:? ? ?

this
Just put a hat on their heads? !

Xu Zhiqiang frowned slightly, and said in a cold voice, "No."

After finishing speaking, he immediately raised his hand to signal.

"Presiding judge, we believe that the question asked by the plaintiff's attorney has nothing to do with the point of plea, and we request the other party to stop the questioning."

dong dong!

Zhu He glanced in Su Bai's direction after listening to Su Bai's statement.

"The lawsuit application of the defendant Fang Nandu Bank is dismissed."

"Plaintiff continues to ask questions."

"Good judge."

Su Bai continued to ask: "If not, then why did Narada Bank violate regulations and transfer regulatory funds into the developer's account in advance...?"

"During this process, has Nandu Bank assumed the responsibility of supervision...?"

"Nandu Bank said that it violated the regulations and put funds into Nanjian Real Estate. Can it be separated from the unfinished building if it has nothing to do with it?"

"Then how does Nandu Bank explain that Nanjian Real Estate introduces home buyers to Nandu Bank for loans."

"How do you explain that the loan interest is as high as hundreds of millions?!"

"While holding high profits, Nandu Bank transfers regulatory funds into the account of Nanjian Real Estate, while saying that it has nothing to do with itself."

"It doesn't matter?!"

"Then why did Nandu Bank hold so much interest, but failed to fulfill its supervisory responsibility?!"

"What are the main reasons for the failure of real estate?"

"The main reason is that the supervision of funds is not in place?!"

"But what's the unfinished ending?"

"The unfinished ending is that the real estate developer gets the regulatory funds, and Nandu Bank keeps the interest, and both get what they want.

As a result, there is no legal causal relationship, so all the consequences will be borne by the buyer! "

"Why?"

"Why should the home buyers be responsible for the unfinished properties caused by the lack of bank supervision and the misuse of regulatory funds by real estate developers?!"

"Why, Nandu Bank only enjoys benefits and does not take responsibility?!"

"According to the composition of the joint liability for breach of contract, the bank has no responsibility?!"

"Which article in the law stipulates that the bank only needs to enjoy the benefits and does not have to bear the responsibility?!"

Su Bai's eyes were fixed on Xu Zhiqiang.

When the last sentence was finished, the courtroom was completely silent!

There was direct boiling outside the courtroom.

"Fuckfuckfuck! That's great! Fuck, the bank only makes money with interest, and doesn't want to take responsibility, so why not take responsibility?!"

"That's right! Damn it! Lawyer Su is so right, he has spoken everyone's aspirations! Why shouldn't the bank take responsibility? He took the money and the interest, why shouldn't he take responsibility?!"

"I also illegally operated regulatory funds. I suspect that this is a partnership, and I defrauded house buyers and bullied ordinary people!"

"Damn, there is such a possibility!! I think after this trial, Nandu Bank can directly cancel his bank qualification, so as not to harm others here!!"

"Arrest them, arrest them all for me!! Send them in, Lawyer Su sends them all in, I think they are crazy!!"

"well said!!!"

"..."

The audience in the live broadcast room seemed to be pumped with blood.

Luo Daxiang looked at the audience in the live broadcast room, and Su Bai's words just now, and his heart was also ignited with excitement.

indeed.

From the perspective of bearing interests, Nandu Bank should indeed be responsible.

It is indeed a bit unreasonable to want to directly separate the relationship now.

Why are these few words spoken, the voice of the vast majority of the public.

call.…

With just these few words from Su Bai, this lawsuit is estimated to be able to establish the reputation of Bai Jun Law Firm in civil litigation.

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(End of this chapter)