Chapter 953 - 409: The Civil Code, Fluent Recitation!
As fans of Qin Mu.
They are well aware of what Qin Mu is good at.
But this draw...
Has nothing to do with the criminal areas in which Qin Mu excels.
"But speaking of which, the Zhang San in this case is the richest Zhang San I've ever seen."
"Being able to lend a billion to others at will, he's already the pinnacle in the Zhang San world, right?"
"What's up with this debt form? Is there an expert in the forum who can understand it?"
"Can someone educate us? Which side currently holds the advantage in this case?"
"I've been learning criminal law with up all this time, and yet... I find I can't understand this case."
"..."
In the forum.
Many netizens are utterly confused, unable to comprehend this case at all.
The previous two rounds of cases...
They could still analyze them somewhat with the legal knowledge they had learned, at least understanding the situation.
But this case, they simply cannot make sense of it.
They can't even figure out who's advantageous and who's not.
Fortunately, in the forum...
It seems there are many hidden experts ready to show their mettle.
Soon someone proactively surfaced to post an explanation of the case's situation.
"Zhang San lent money to Li Si, but it was a verbal agreement, no IOU, no written note, no signed or stamped document, and no remittance voucher, so Li Si could completely deny it."
In this case.
Zhang San and Li Si are close friends with utmost mutual trust.
After getting drunk.
Zhang San lent Li Si 150 million yuan, entirely on a verbal promise.
There is no evidence whatsoever.
Legally speaking.
This is unenforceable, and the court would not acknowledge any 150 million yuan debt relationship.
Not to mention...
The money wasn't even transferred to Li Si's personal account, with no transfer proof at all.
However...
When Li Si, acting on behalf of Zhang San, used the 150 million to speculate in stocks.
There were losses.
After Zhang San and Li Si discussed, Li Si signed, acknowledging willingness to repay the 50 million yuan lost within three months.
This poses a problem.
Because once he signed, it indicated acknowledgment of this debt relationship.
Combined with the aforementioned facts...
The court will most likely believe there is a debt relationship between Zhang San and Li Si.
As Qin Mu as Li Si's defense attorney.
This lawsuit will be very tough to fight!
"Are you kidding? Another disastrous start? Has up's luck been this bad recently? When can we have a smooth start?"
"Goodness, doesn't this mean this case is a sure loss?"
"Not necessarily a loss, as long as there's outstanding performance and good scoring, they could still advance."
"The problem is, up excels in criminal defense, does he understand debt disputes?"
"This is no ordinary debt dispute, it involves the realm of stock trading and finance. Without touching on anything else, I can't even understand the debt sheet described in the case."
"..."
The netizens sighed and were deeply moved.
Understanding the current situation, they couldn't help but feel pessimistic.
If it were a criminal case.
They could blindly trust Qin Mu.
But this lawsuit...
Has nothing to do with criminal issues.
Zhang San sues Li Si, evidence is abundant, the debt relationship is clear, it's practically impossible to overturn it.
...
In Shanghai.
In a certain venue.
In the fourth mock courtroom.
"Dongβ"
The sharp, solemn sound of the judge's gavel echoed in the courtroom.
The Judgment Chief solemnly looked at the attorney teams from both sides and declared in a deep voice: "Court is now in session!"
"Will the plaintiff's attorney please read the complaint and present the case introduction."
On the plaintiff's seat.
Zhao Baiqin glanced at Qin Mu not far to his side and sneered.
Then aimed his gaze at his two teammates.
They both came from Qianzhou, and are both top lawyers.
They understand each other's background and abilities.
He is fully aware of the litigation capabilities of these two teammates in debt disputes, confident that they can make Qin Mu lose face!
Make him regret not withdrawing beforehand.
Immediately.
His two teammates received his indication, nodded.
Took a step forward.
And said in a deep voice: "Judgment Chief, fellow judges, my client's Zhang San accuses Li Si of failing to repay the debt after months of delay, and requests repayment with interest, requesting court approval."
"Here's the situation, my client Zhang San and Li Si are old close friends."
"After a certain drinking session, my client orally promised to lend the other party 150 million yuan, because of excessive trust, no IOU note was written."
"Subsequently, my client transferred 150 million yuan into various trust accounts, operated entirely by Li Si."
"As a result, Li Si mishandled the operations, resulting in staggering losses, forcing us to execute an account clearance, verifying a loss of 50 million yuan, and confirmed with Li Si, who was aware and expressed willingness to repay the losses within three months."
"But so much time has passed, and Li Si..."
In this stage of stating the facts.
The two lawyers from Qianzhou presented the case with clarity and logical order, without the slightest flaw.
Listening to their side of the story...
It seemed as if Li Si was completely at fault for not repaying the debt, deliberately delaying payment.
"Therefore, according to the relevant provisions on creditor-debtor relationships in the Civil Code, we claim that the other party should repay 54 million yuan, principal and interest included, and request the court's approval!"
In conclusion.
These two lawyers put forward their claim, hoping the court would order the other party to repay the 54 million yuan with interest.
"Such steady lawyers!"
Next to the defendant's seat.
Zhang Wei, observing their performance, looked serious once more.
At first glance.
The two had performed competently, nothing too flashy stood out.
But those in the know understood.
Many times, winning a lawsuit doesn't require dazzling maneuvers.
ππ«ππ²π¨πππππ―ππΉ.ππ¨πΊ
It's more about wielding a heavy sword without a sharp edge, gaining mastery through unpretentious techniques.
Steady and solid performance, not involving any unnecessary showiness, truly tests fundamental skills.
And the opposing two...
Whether in their accusation tactics or control of the courtroom, they wielded it all with great proficiency.
Coupled with the use of pertinent articles from the Civil Code, it easily wins the favor of the trial judges, gaining lean toward their side.
You must understand.
Civil litigation is entirely different from criminal litigation, employing different methods of trial.
The judge's power is quite significant.
And on our side...
We're not even familiar with the Civil Code, the upcoming courtroom investigation phase is likely going to crush us.
With that thought.
Zhang Wei looked at Qin Mu beside him with a face full of bitterness, his emotions complex.
"Dongβ"
At that moment.
After listening to the accusations from the two Qianzhou lawyers, the Judgment Chief turned to them: "Please, the defendant, respond to the plaintiff's charges."
Zhang Wei shrunk his neck.
Then heard Qin Mu's steady voice like Mount Tai: "Judgment Chief, respected judges, my client Li Si does not acknowledge the existence of such a debt relationship."
"First of all, we believe that the alleged 150 million yuan loan by the other party does not exist, an oral loan is insufficient as proof, and there is no transfer record."
"The only transfer evidence is Zhang San transferring money to various trust accounts, which are not actually owned by Li Si."
"Secondly, my client Li Si states that the actions of managing a fund of 150 million yuan by the other party fall under customer fund management, he does not have actual ownership of the 150 million yuan, and any losses should be within the tolerated range of customer fund management."
"Thirdly, my client asserts that the debt contract he signed was upon being deceived by the other party, thinking it was just..."
In front of the courtroom audience.
Qin Mu spoke eloquently, not intimidated by the different nature of the case.
On the contrary...
He confronted the other party head-on, making no concessions.
"According to the lending provisions of the Civil Code, and the Supreme Court's interpretation of civil funds lending requirements, funds not personally owned after lending do not constitute a lending relationship."
"According to..."
Subsequently.
Qin Mu rattled off seven or eight legal articles, all from the Civil Code or relevant judicial interpretations issued by the Supreme Court.
He discussed almost entirely the formation of lending relationships.
"This... this this..."
Next to the plaintiff's seat, the few lawyers from Qianzhou looked on at the scene with faces full of shock.
They were utterly bewildered by Qin Mu's rebuttal...
Just now.
The seven or eight legal articles Qin Mu cited were all related to the lending industry, carrying legal force.
Even they.
Could not memorize these legal articles so thoroughly.
"Why does it feel like these legal articles... are so familiar? Could it be he truly memorized them?"
The two Qianzhou lawyers exchanged glances and couldn't help but swallow hard.
Behind them, Zhao Baiqin...
The previous joy on his face vanished instantly, his eyes fixed on Qin Mu.
Displaying an expression of disbelief.
The reactions from his teammates said it all.
Qin Mu...
Seemed extremely knowledgeable about the Civil Code and related judicial interpretations in the lending industry.
Even to the point of being able to recite them backward!
"Qin... Qin Mu you..."
At the defendant's attorney table.
Zhang Wei took a sharp breath, looking at Qin Mu in bewilderment.
Although not knowing what had happened.
But...
It seemed they were about to win again.