i gave myself away

At the beginning of February 2018, before the Spring Festival, the streets were full of festivities to welcome the Spring Festival.Red lanterns were hung beside the street lamps, and red silk was tied to the branches of the trees. At a glance, it was full of joyful red.

Xie Jincheng and Shi Mo didn't feel the slightest bit of joy, they still got along as usual, chatting and joking, but they both felt that something different was quietly changing each other.

Today, the two of them stepped out of the house at the same time and came to the high court together.

When going out, Shi Mo proudly showed off his achievements in the case of Jiayou Company. Xie Jincheng seemed calm on the surface and praised Shi Mo for his ability, but in fact, the bitterness in his heart was beyond words.

It turned out that Shi Mo was able to catch up with his only connections with a slight sense of accomplishment, and he had nothing that could surpass Shi Mo.Shi Mo really wants to put on his wings and fly to a height that he can't climb, and he is getting farther and farther away from him.

The Jiayou company series case is the most sensational case in this province at present, not because of the object of the case, but because of the influence of the case.The 30 creditors currently prosecuting are all well-known real estate developers located in various cities in the province. The total amount involved in the case is as high as 20 billion yuan. These 30 cases are only a part. No lawsuit was filed.

The facts of each case are slightly different, but the general case is similar.To put it simply, from 2013 to the beginning of 2015, Chen Yu, the head of the Ningzhou Branch of Jiayou Company, used the official seal of the branch to raise a large amount of debt in the name of the branch and himself, claiming that the loan was used for the branch’s engineering projects. All the borrowed money was deposited into the bank account of a person named as the finance of the branch company, who was actually Chen Yu's personal finance.

Among the loan contracts signed with various creditors, Chen Yu signed as the borrower, but for some contracts, the branch company signed as the borrower, and some as the guarantor.Among the contracts signed in the capacity of the borrower, some of the contracts were affixed with the old official seal of the branch company that had been canceled due to the loss of the newspaper, and some were affixed with the new official seal of the branch company after the cancellation of the newspaper.

By June 2015, due to the market downturn, the project was not completed on schedule, and the capital chain was broken. Chen Yu was unable to repay the loan that had reached the repayment period. Various creditors filed a lawsuit, and because Jiayou Ningzhou Branch did not have an independent legal person In addition to Chen Yu and the branch, the plaintiff also sued Jiayou's head office, requiring Chen Yu, the head office, and the branch to jointly repay the loan.

At the first trial, Chen Yu admitted that the loan was a personal loan, and part of the loan was used for the branch’s projects, and part was used to repay the debt he owed to other creditors. As for which loan to repay and which debt, he couldn’t tell. He himself admitted that when the contract was signed, the lost official seal had been published as invalid, but later he found the old invalid official seal, and he put them together in a drawer, and signed the contract with whichever official seal he got at hand.

Due to the large scale involved, the cases were scattered in different intermediate courts, and the judgments were not uniform, which made the trial difficult. It was not until the internal coordination of the court, after many discussions and communication with the parties, that the trial was successfully concluded at the end of November 2017.The first instance ruled that Jiayou's head office, branches and Chen Yu should jointly bear the repayment responsibility. Jiayou's head office and branches refused to accept the first-instance judgment and jointly appealed, listing all creditors and Chen Yu as appellees.

Shi Mo's current state is like a Maserati filled with enthusiasm and ready to go. It is waiting for the trial to start, and immediately accelerates to the finish line of victory.For this case, he worked hard, worked overtime every day and night, read the materials and legal books, carefully studied, and carefully wrote the materials, because this was not only the first time he was in a fair and equal position, The confrontation with Xie Jincheng was even more because the appellant he represented lost in the first trial, so he must not lose in the second trial.

Today, he specially put on the black suit that matched Xie Jincheng. The diamond buttons on the jacket shone brightly in the sun, and the well-maintained shiny black leather shoes made his every step full of eye-catching colors.

The two walked into the court side by side. Their noble temperament and dazzling attire made them the focus of everyone's attention. On the way to the trial court, they caught the attention of many girls in the court.

"Xie Jincheng, I won't lose to you, hum, just wait to fulfill my request." Shi Mo whispered to Xie Jincheng the moment he entered the trial court.

He already thought of how Xie Jincheng would answer, nothing more than "you can try", "Oh, it's up to you?" and other arrogant words, but what Xie Jincheng said made him stunned.

"it is good."

The calm and breezy voice was lost in the wind, and in a blink of an eye, Xie Jincheng had already walked to the appellee's seat and greeted his client without looking at Shi Mo again.

Shi Mo scratched his head in confusion, what happened to Xie Jincheng?

In the 30 cases, except that the appellants of the two cases are the same and can be tried together, the appellants in other cases are different and cannot be tried together, but can only be heard separately. The court schedule is very tight, try to hold two court sessions in half a day, and four court sessions in one day, for two weeks in a row.

The case opened this morning was the case with the same two appellants, and it was also the largest and most complicated case involving the subject matter among the 30 cases.

The appellants in these two cases are both Chen Yu and the creditor Qin Quan. The reason why they are divided into two cases is that there are two loan agreements signed at different times and with different loan amounts, but the facts are the same.At the time of borrowing, Chen Yu was the person in charge of Jiayou Ningzhou Branch and held the official seal of the branch. He and Qin Quan signed two loan contracts in August 2014 and November 8 respectively, and the loan amount was 2014. Wan, the loan contract and the receipt issued by Qin Quan indicate that the borrower is Chen Yu and Jiayou Ningzhou Branch, but the official seal affixed by the branch on the two loan contracts was lost in April 11. The old official seal declared invalid was published in the newspaper on the 5000th.At that time, the two parties agreed that the loan would be remitted to the account designated by Chen Yu—Fang Chen's account, not Jiayou's company account. After signing the contract, Qin Quan also remitted the loan to Fang Chen's account as promised.

With the hammer of the presiding judge, the most important trial in the lives of Shi Mo and Xie Jincheng began.

"Now check the identity of the parties. Please state the identity information of each party and the agent."

Shi Mo read out the client's information, then raised his head, and met Xie Jincheng's gaze: "Shi Mo, a lawyer from Zhong Yuan Law Firm, has a special authorization to represent him."

Xie Jincheng glanced at Shi Mo lightly, and after reading the client's information, he said casually: "Xie Jincheng, a lawyer of Zhongchen Law Firm, is also specially authorized to represent him."

Shi Mo muttered in a low voice, why did Xie Jincheng's aura feel a little short? Could it be that he looked down on himself and deliberately let go?Immediately, his eyes lit up, as if he was going to fight desperately on the battlefield, his blood was boiling and full of energy.

Chen Yu's attorney's surname is He, and his law firm is not particularly famous.

After a round of procedures, we will officially enter the theme.

The presiding judge said: "The court investigation will be carried out next. First, the appellant will briefly state the request and reasons."

Shi Mo held the pen that came along with him from Xie Jincheng, and wrote and drew on the paper without raising his head. If there was any divine power in his pen, he could see through the back of the paper: "Our petition should be consistent with the petition, due to time constraints , will not be repeated here, and all appeals and opinions shall be subject to the appeal.”

Xie Jincheng also said: "Our defense has been submitted to the court and the other party before the court, and we will not repeat it in court."

Lawyer He, Chen Yu's attorney, also said the same thing.

Several court sessions are held a day, and time is as precious as gold. In order to save time, the statement of defense and the evidence submitted by both parties are sent to the other party before the court, so that the other party can sort out their opinions and publish them immediately in court.

The presiding judge concluded: "According to the reasons for the pleadings of both parties, the focus of the dispute concluded by this court is: 1. Is Jiayou Company Ningzhou Branch the debtor of the loan in this case? 2. Jiayou Company and Jiayou Company Ningzhou Branch should Are you responsible for repaying the debts in this case? Do all parties have any objection to the focus of dispute summarized by this court?"

Shi Mo and Xie Jincheng said in unison: "No." After finishing speaking, the two were stunned for a moment, and looked at each other, Shi Mo pouted provocatively, and Xie Jincheng was still the same as before, with no special expression.

Lawyer He, Chen Yu's attorney, did not object.

"Let's ask the presiding judge to investigate the facts of this case."

The host judge took out the first-instance judgment and said in a loud voice: "All parties, please review the fact-finding part of the first-instance judgment. Do you have any objections to the statement in this part? Please express your opinion to the appellant."

Shi Mo opened the first-instance judgment, and the golden pen tip touched the paragraph he marked, carefully and meticulously: "All my opinions below represent Jiayou Company and its branches. The second line of the first paragraph on page eight, We did not sign a loan contract, and the correct expression should be "Chen Yu signed a loan contract with the creditor in the name of our company." On the tenth line of the second paragraph on page [-], we did not stamp the loan contract, so it should be stated It means 'the contract is stamped with our official seal'. In the third paragraph on the same page, Fang Chen is not our company's finance, but Chen Yu's privately hired finance, and we will submit new evidence to support the cross-examination later."

"What objections does the appellee have to the facts found in the first trial?"

Xie Jincheng quietly watched every movement of Shi Mo. Shi Mo would scratch his cheek after writing a few words, which proved that he was thinking. Xie Jincheng thought that he could remember Shi Mo's little habits so clearly.

Xie Jincheng shook his head and said, "We have no objection."

Lawyer He did not object. He explained a few points in response to Shimo's comments: "First, Chen Yu signed the loan contract in the name of the branch company; second, the official seal on the loan contract was made by Chen Yu. Thirdly, Fang Chen is indeed not the finance of the branch company, but Chen Yu's personal finance." This is the confirmation of Shi Mo's claim. In fact, Chen Yu has admitted that he borrowed the loan, and Fang Chen is also his personal finance. He was also willing to pay back the money, but when the creditor saw that Chen Yu could not pay back the money, he pursued it from the company and the branch, resulting in 30 series of cases.

Xie Jincheng's hand froze when he was writing. Chen Yu only admitted that it was a personal loan at the first trial, but he did not give a detailed explanation on the official seal and financial issues. Now that Chen Yufang said this, it seemed that Xie Jincheng was making trouble for no reason. ——I said that this is my personal loan, and the finances are mine, and I am willing to pay back the money. You creditors still want to drag the company into trouble. Isn't this unreasonable?What's more, they are both appellees, and one party supports Shi Mo's claim, so they are alone and helpless, and the situation is quite unfavorable to them!

Xie Jincheng raised his head, and saw Shi Mo curling his nose triumphantly, announcing his victory.He underestimated Shi Mo's ability too much!During the first trial, Chen Yu did not show any tendency to support the appellant. In the second trial, Shi Mo was replaced as an agent, and he completely spoke for Shi Mo. If Shi Mo hadn't contacted Chen Yu in advance to communicate with Chen Yu, how could Chen Yu be like this? Willingly support Shi Mo's side?

Shi Mo's ability has gone beyond the scope of eloquence, debate, logical analysis, etc., and is developing in the direction of influencing the other party!How terrifying is a lawyer's ability to make the client who opposes him support his claim?Xie Jincheng couldn't imagine it at all!

The presiding judge continued to ask: "Did the appellant submit any new evidence in the second instance?"

"Yes!" Shi Mo's voice was loud and forceful, "We have submitted a piece of evidence before the court. The first is the employee roster of our branch company, which proves that Fang Chen is not an employee of our branch company and is not in our company. Work in the branch company and receive the salary of our branch company; the second is our related project fund investment form, which proves that Chen Yu's loan has not been used for the project contracted by the branch company. The above two evidences prove that, Chen Yu borrowed money in the name of the branch company, and all the borrowed money was put into Chen Yu's personal financial account, and was not used for the branch company's engineering projects as he himself claimed when signing the contract. Chen Yu passed on his personal debts to On our side, it is not a well-intentioned act and should be punished according to law."

"All parties are invited to express cross-examination opinions on the evidence submitted by the appellant."

Xie Jincheng fell into a brief silence. When he got this evidence before the court, his expression was a little ugly.

In the first trial, the appellant did not submit these two pieces of evidence, so the court determined that the branch company was a joint borrower and ruled that the branch company should bear the repayment responsibility. However, if there are these two pieces of evidence in the second trial, it can prove that the borrowed money did not enter the branch company’s account , the loan was not used for the project project of the branch, so the responsibility of the branch was much smaller.

Shi Mo really found two good pieces of evidence, it was a fatal blow!

Fortunately, Xie Jincheng made preparations in advance. He calmly faced the current situation that was very unfavorable to him. He folded his hands under his chin, and his eyes still did not leave Shi Mo. The streamer in his eyes was unpredictable: "First, the staff The roster is an internal document of the appellant. We cannot verify its authenticity and legitimacy, and we do not recognize its relevance. Second, the bank transfer certificate attached to the capital investment form confirms its authenticity and legitimacy. Recognized, but not related. As a lender, we only have the obligation to lend, and where the funds are used after borrowing has nothing to do with us, and we have no right to supervise."

Yay bah, he didn't approve of the evidence he submitted.Shi Mo secretly squeezed the pen, and flaunted it to Xie Jincheng, to make you proud, I will break your consecration pen.

Xie Jincheng put his little moves in his eyes, and sighed silently in his heart, sometimes Shi Mo is like a child who can't grow up, so immature that people don't know what to say, he really doesn't want to admit that he would be raped by such a naive person , into a predicament.

Attorney He recognized all three aspects of the evidence submitted by Shimo.

Both creditors Qin Quan and Chen Yu had no new evidence to submit. After the presiding judge investigated the facts of the case, the trial quickly entered the debate stage.

Shi Mo put down his pen with great interest, glanced at Xie Jincheng provocatively, and said his point of view smoothly without thinking: "First, the branch company is not the debtor of the loan, and the loan contract stipulates that the loan should be transferred to Chen Yu himself, not to Chen Yu himself. Branch company. Second, the official seal affixed on the loan contract in this case is the official seal of the branch company that has been published and invalidated. It should not be recognized according to law, and the contract should be deemed invalid. Third, according to the content of the branch company’s business license submitted in the first instance, The business scope of the branch company is to contact the head office, so it cannot handle business externally, and the official seal of the branch company does not have the effect of signing a contract according to law. Fourth, the loan contract involved in the case stipulates that the loan interest for both parties is 2%, but in actual performance it is 4%, and judging from the facts found in the first instance and the evidence submitted by the creditor in the first instance, the signing date of the first loan contract in this case was August 2014, 8, and the signing date of the second loan contract was November 23, 2014. However, on July 11, 2 and October 2014, 7, Chen Yu transferred RMB 13 million and RMB 2014 million to the account of the creditor in this case respectively, and marked it as 'repaying part of the arrears'. , Chen Yu does not have any loan relationship with the creditor in this case. It can be seen that the loan contract in this case was signed after Chen Yu had a loan relationship with the creditor in this case. It is not a bona fide act that transfers the responsibility for the payment to us and damages our interests."

Xie Jincheng's breath was suddenly suffocated. Shi Mo's last point of view was like a shot to the heart, too sharp, too naked. This is a point that the lawyer of the first instance did not raise. If the payment is made and the contract is signed in the name of the company, then there may be malicious collusion between the two parties of the contract to harm the interests of the company. This kind of behavior is not protected by law at all.All the evidence points to the loan first, and the contract later. Xie Jincheng is eloquent and eloquent, and there is not enough evidence to overturn the existing evidence!Moreover, Chen Yu was biased towards the appellant's side and recognized the fact that he had borrowed money. If Chen Yu also admitted that the contract was signed after the fact, it would be a big trouble.In this case, all three parties are responsible. Whoever is less responsible will win the case. However, the current situation is obviously two-on-one. How to stand out from the encirclement is a major test of Xie Jincheng's ability.

Xie Jincheng closed his eyes, Shi Mo, Shi Mo, he really pushed himself into a desperate situation.He took a deep breath, and when he opened his eyes again, there was no hesitation in his eyes. The experience accumulated over the years allowed him to avoid the edge and take advantage of any unfavorable situation: "First, the loan contract only stipulates that the money will be transferred to you." Chen Yu’s designated account, but since Chen Yu is the person in charge of the branch, his act of signing the contract constitutes an apparent agency, so we should consider this account to be the financial account of the branch. Second, the loan in this case Both the contract and our receipt were affixed with the official seal of the branch company. Although the official seal was later confirmed to have been invalidated before the loan, our investigation and evidence collection proved that the branch company also used it for other purposes after the official seal was invalidated. transaction, it can be seen that the revoked official seal still has legal effect, and the loan contract should be recognized as valid. Thirdly, from the first trial to the second trial, Chen Yu recognized that the case was a personal loan, so from a certain point of view, Chen Yu recognized the appellant's opinion, and the appellant The facts and evidence claimed are undisputed, and if there is any collusion in this case, it should be that the appellant colluded with Chen Yu in order to maliciously evade the responsibility for repayment."

Shi Mo couldn't help but slander, Xie Jincheng's nonsense of avoiding the most important and neglecting the less important is no one else, and Shi Mo is not inferior. After Lawyer He finished expressing his opinion of "agreeing with the appellant's opinion", he immediately took advantage of the victory to pursue: "First , the unit's bank account should be opened in the name of the unit, but in this case, the account designated to transfer money is a personal account. Objection, but the creditor did not raise it. It can be seen that the creditor also acquiesces that the debtor in this case is Chen Yu and not the company. Second, since the creditor defends by invalidating the official seal, then I would like to ask the creditor, when you signed the contract, did you know that The official seal has been invalidated, but it is still used for other business transactions? If we know it, then we have reason to suspect that the creditor’s loan is a non-good faith act that knowingly knows that there is a problem with the official seal and damages the interests of a third party. If not, then the creditor should Responsible for its prudent and improper behavior." The implication is that you know that there are problems with the transfer account and the official seal, but you have not raised any objections. Don't you have to be responsible?

Xie Jincheng couldn't think of how to reply. His glib eloquence had come to an end. He was horrified to find that his thinking was being influenced by Shi Mo's views. Shi Mo's views imply two points, one is you Knowing that the designated transfer account is a personal account rather than a company account, I can reasonably suspect that you are maliciously asking the company to repay the money when you know that it is not a company loan. Second, you think the official seal is invalid. But it still has legal effect, so I can think that you are breaking the law knowing that it is illegal.No matter which point of view, it is correct on the moral level, but it is difficult to find reasons to refute it on the legal level.He stared fixedly at Shi Mo for a long time, until the presiding judge reminded him, he lowered his head and said in a low tone: "We are not responsible for the supervision of bank accounts and old and new official seals. , After transferring the money to the account designated in the contract, the loan obligation is fulfilled, as for the account and official seal, it is the appellant's business and has nothing to do with us."

Shi Mo bared his teeth, but Xie Jincheng refuted it with such a clumsy reason. This point of view is like if you lend money to the company, the company asks you to transfer the money to your personal account. You don't care whether it is the company's legal account or not. Is the official seal on it fake? You just sent the money in a foolish way. Afterwards, you ask the company for money. The company sees that the receiving account is not our company’s, and the official seal is fake. It’s no wonder that the company accepts the money. Well, you said that you only borrowed money, regardless of the legality of the account and official seal. Could it be that something happened and you were not responsible?Xie Jincheng's point of view is not convincing at all, and Xie Jincheng was forced by him to express such a point of view. This trial is enough to show that he won!

"How about it, did my performance in the court trial just impress you?" After the trial, on the way back to the car, Shi Mo raised his brows with pride, like a child who got a perfect score in the test, and couldn't wait to hear from his parents. Most heartfelt compliments.

When the car stopped in front of the red light, Xie Jincheng turned his head sideways. At that moment, he seemed to see the red sun covered with endless rays, releasing endless light and heat, so dazzling that people couldn't open their eyes, and even melted.

Shi Mo's light was too strong and dazzling, Xie Jincheng felt that the innate brilliance he was once proud of had become dimmed.He has a lawyer's living environment, innate sensitivity to the law, and other congenital conditions, all of which are caught up or even surpassed by the efforts of a layman, Shi Mo.

He lost, not because of the verdict, but because of Shi Mo's acquired hard work and the talent he discovered.

He touched Shi Mo's head and smiled: "Congratulations."

On this day, Shi Mo seemed to see the bitterness and heartache that could not be resolved in Xie Jincheng's smile.