You became a lawyer and sent the judge in?

Chapter 60 Litigation Application
On the trial platform, on the presiding judge's seat.

dong dong!

Yu Zhenyang rang the gavel: "The court is now open."

"The next stage of identity verification is to ask the appellant to state the identity of the person appearing in court."

"Good judge."

Su Bai nodded slightly, and said slowly:
"In addition to our client Wan Henghao, there are two lawyers from Baijun Law Firm, Su Bai and Li Xuezhen."

After Su Bai stated the identities of those who appeared in court, Yu Zhenyang looked down at the litigation materials, and then turned his head to the seat of the party being litigated.

"Please state the identity of those who appear in court."

On the seat of the accused party, Zhang Xiao nodded slightly: "Okay presiding judge."

"As the party being appealed, the parties present in court include Wu Qi, Dong Qiang, Xie Yu, entrusted defense lawyers, Nanyuan Law Firm, and Zhang Xiao,"

"Presiding judge, we have completed the statement of the identities of the persons present in court."

Boom!
On the trial seat, Yu Zhenyang spoke slowly:
"This case will be heard by the Nandu Xinhe District Primary Court on its behalf, with judge Yu Zhenyang serving as the presiding judge, and judges Liu Songping and Lin Xudong forming a collegial panel."

The personnel information has been verified.

Yu Zhenyang began to announce the cause of the case: "The cause of the case is that the litigant accused Wu Qi, the former main person in charge of Tianlan Construction Co., Ltd., of arrears of wages and corresponding material costs for two years, and accused him of refusing to pay the remuneration. "

"In addition, Xie Yu and Dong Qiang, two former equity shareholders of Tianlan Construction Co., Ltd., failed to fulfill the shareholder's actual payment obligation, and asked them to pay for the debt owed by Tianlan Construction Co., Ltd. to Wan Henghao, the party to the lawsuit. The cause of the case Is it true?"

"Presiding Judge, the case is true."

Su Bai looked up at the trial platform and said.

Yu Zhenyang looked down at the contents of the litigation materials, and struck the gavel:
"Confirm that the cause of action is true. Let the litigants state their claims, facts and basis."

"Good judge."

Su Bai nodded slightly, briefly sorted out the litigation materials in front of him, and then pulled out a pre-written litigation request from Li Xuezhen.

"Presiding Judge, our claim is as follows:"

"One: Wu Qi, as the person in charge of Tianlan Construction Co., Ltd., is also the boss of our client.

Deliberately defaulting on our wages for two years has seriously violated our interests and constituted the crime of refusing to pay.

We apply.

According to Article 276 of my country's Criminal Law, for the crime of refusing to pay remuneration, Wu Qi will be punished, and at the same time, we will be paid the owed wages and related interest, totaling 36 yuan and seventy-five cents. "

"Two: In the past two years of working on our side, Wu Qi, as the person in charge of the company and the boss of our client, has often put some mental pressure on our client Wan Henghao.

For example: Berating and expressing dissatisfaction with the content of our work has caused a certain impact on the spirit of our client. We require Wu Qi to apologize in public and compensate for certain losses. "

"Three: Wu Qi's non-payment of wages by our party indirectly caused damage to our mental and physical conditions. We request Wu Qi to make certain financial compensation to us."

"Four: During the period when Xie Yu and Dong Qiang were shareholders of Tianlan Construction Co., Ltd., the company's registered capital was 800 million, and the actual payment was 50. According to the provisions of Article 20 of the Company Law No. If the subscribed capital contribution has not been completed, it is a defective shareholder.”

"Shareholders with defective capital contributions need to bear the responsibility of the company to pay guarantees, make up the difference, and compensate for damages. At the same time, it is stipulated in the liability for damages that when the company cannot pay off its debts, the defective shareholders can be required to bear the responsibility for supplementary payment within a certain range."

"So we apply, Xie Yu, Dong Qiang, the two defective shareholders, to bear certain responsibilities for the repayment of wages and interest proposed by us."

"Five: We apply for our litigation costs and attorney fees, which shall be borne by the litigated party."

"Presiding judge, we have completed our presentation of the lawsuit application."

After Su Bai finished his presentation, Wu Qi almost wanted to scold his mother after listening to it, and turned his head to look at Zhang Xiao: "Lawyer Zhang, the other party's lawsuit is too much!"

"It doesn't make it clear that you want to send me in!"

"What kind of shit refuses to pay, I think it's all an excuse!"

"Lawyer Zhang, we must win this lawsuit!"

"I try my best"

Zhang Xiao nodded slightly, looked up at the presiding judge's seat, and the presiding judge's gaze had already landed on the seat of the accused party:

"Next, please state the litigation application to the litigant party."

Zhang Xiao briefly sorted out the litigation materials, and then said, "We raise an objection to the application of the litigant."

"First: At present, Tianlan Construction Co., Ltd. is no longer under the name of our party Wu Qi, and our party Wu Qi is no longer the main person in charge and shareholder. The debt of Wan Henghao should not be borne by our party Wu Qi. "

"Because Wan Henghao's labor contract was signed with Tianlan Construction Co., Ltd., Wu Qi had already notified Wan Henghao and made a clear announcement when the equity was transferred."

"So Wan Henghao's wage arrears should be borne by Tianlan Construction Co., Ltd."

"That is, according to the crime of refusing to pay remuneration, we are not the subject of it, and it does not constitute our failure to pay remuneration."

To put it simply, if you want money, you should go to Tianlan Construction Company, not us.

As for whether Tianlan Company has money or not, that is none of our business.

Since we are asking others for money, we certainly do not constitute the crime of refusing to pay labor remuneration.

Hearing Zhang Xiao's defense, Wu Qi instantly gave a thumbs up:
"As expected of a lawyer in a big law firm! You are a cow!"

He could hear that the meaning of these words was to get rid of him.

Zhang Xiao continued: "Second: Based on Wan Henghao's wage arrears and labor contract issues, it was signed with Tianlan Construction Co., Ltd.

You should find the current legal person in charge and shareholder of Tianlan Construction Co., Ltd. to ask for it, that is, the lawsuit appealed by the litigant above is not established! "

"We apply to dismiss all litigation applications of the litigants."

It has to be said that Zhang Xiao, as a lawyer of Nanyuan Law Firm, does have a bit of hard power.

After listening to Zhang Xiao's defense, Su Bai nodded slightly. The focus of this lawsuit is not on other aspects.

Mainly in the judgment of whether Wu Qi is responsible for Wan Henghao's wage arrears!

As long as the judgment can be judged on Wu Qi, that's fine.

Now the main point of defense of the other party is that the legal representative and equity of Tianlan Construction Co., Ltd. have been transferred.

What he has to do now is to let the court decide to revoke the equity transfer agreement, or to say that the equity transfer agreement is an invalid agreement.

(End of this chapter)