The Opening Account Was Stolen, and the Backhand Recharged 1 Million

Chapter 225 Let's Have a Real Showdown! (seeking a monthly ticket)

On August 29th, it will be sunny and auspicious, suitable for marriage, going to the beam, suing, and hearing.

The advantage of having a dedicated team is that you don't need to do everything, you just need to control the overall situation.

For example, now, Zhou Yi has already driven to the Guangming District People's Court, while in the company, a professional studio team is "forgetting sleep and eating" making videos.

There is no way, there are [-] employees, plus the cleaning aunts and security uncles dispatched by labor, there are dozens of video or audio materials among so many people.

Relying on Zhou Yi alone, it will have to be cut until the Year of the Monkey!

Moreover, he himself is not a master of editing, and his current achievements are all due to the hard-core plot. In comparison, the films edited by the professional technicians in the studio are better than those edited by himself.

So someone Zhou did another unscrupulous Party A, gave the relevant requirements, and then came to the court to watch the excitement after patting his ass.

There was no other reason, this time, he heard that Fang Dazhuang was going to meet his opponent!

Just yesterday afternoon, according to the old habit, I had a cup of coffee with Fang Daxiang before the court session.

Unexpectedly, Fang Daxiang answered the phone in the middle of drinking coffee, and when he came back, his eyes lit up.

He kept saying inexplicable words such as "I can finally meet a serious opponent", "Let's start a professional duel", and "Zhou Yi, so you are not poisonous".

In this situation, if you say that Fang Dazhuang is fine, he, Zhou Yi, will not believe it.

The last time this happened it was Wang Daoren, the last time this happened it was Wang Daoren, and the last time it was Zhou Cainiao.

At first, when Fang Da was like this, Zhou Yi would step away a little bit.

Really, it's hard to imagine that a 40-year-old man would be so secondary.

It's just that he absolutely dare not say this in front of Fang Dazhuang.

When Fang Dazhuang stopped the situation, Zhou Yi finally figured out that Fang Dazhuang had an opponent this time!

Unlike Wang Daoren, who was a little scared when he heard Fang Dazhuang's name, like Zhou Cainiao Wang Daoren Zhongchu before, this one, people just think that if you become a lawyer, you will be afraid when you hear other people's reputation, so don't become a lawyer as soon as possible.

Don't debate, everyone. It's enough to compete in the courtroom and whoever is more famous wins. What's the point of presenting evidence and cross-examination in the courtroom?

Unexpectedly, Fang Daxiang's reaction was that what he said was so true!
Fang Daxiang has been constantly challenging since his debut, so he is very happy to hear this now, very happy!
Why, because in the legal industry, if you want to go deeper in this line, the most important thing is, don't follow blindly, don't follow blindly!
In life, someone will always say in a debate that this is the statement of a certain well-known expert, and then it seems that this statement is completely correct and the absolute truth.

It is definitely not possible to engage in the legal industry. The courts should base their decisions on facts and the law as the criterion. Everything must be based on the actual situation and evidence, not on the reputation of the lawyer.

I heard that the lawyer's surname is Huo, and his name is Huo Pengfei!
So Fang Dazhuang took a sip of his coffee, and immediately planned to go back to the law firm. He had to be more attentive, more attentive.

There are many lawsuits in this lawsuit, whether it is a refund of one compensation and three compensations, or compensation for mental damage, there are actually many arguments in it, which purely depends on the level of the two parties.

"Zhou Yi, here we come." A voice sounded from the side. Fang Daxing, wearing gold-rimmed glasses and carrying a briefcase slung over his shoulder, walked over. Behind him, Zhou Xinran's eye circles were also a little dark.

Although Goddess Zhou doesn't care about her appearance, it doesn't mean that she doesn't care about it, and the daily maintenance will not be left behind.

It can only be said that Fang Dazhuang must have worked overtime last night, and Zhou Xinran followed suit.

Then Fang Dazang was full of energy after sleeping for four hours, but Zhou Xinran kept yawning.

"Well, Fang Dazhuang, good morning, are you sure about today?" Zhou Yi joked.

Fang Dazhuang turned his head and glanced at him and said, "Are you sure in front of me?"

Shaking his head, he looked at the court in front of him again: "Do you know what a hand grip is?"

Well, I didn't need to make this joke, and he played it again, and Zhou Xinran in the back has become a little girl in seconds.

"Go in, hey, lawyer Huo, here we come."

But Fang Dazhuang was about to call him in when he suddenly called out.

Lawyer Huo?Is it Fang Daxiang's opponent?

Zhou Yi turned his head and saw a middle-aged lawyer with thick black hair walking over, wearing black-rimmed glasses and also carrying a messenger bag.

It's just that I didn't see Mr. Zhao.

This is also normal. If many companies are involved in litigation, the boss will not come to the court.

Zhou Yi knew it at a glance, this lawyer Huo must not be as tall as Fang Da, look at that hair, how can there be a strong man who is not bald!
After being called out, Huo Pengfei immediately saw Fang's big shape, took two steps and stretched out his hand and said, "Mr. Fang, good morning. Please give me your advice today."

Huo Pengfei is a typical traditional lawyer. He won't feel anything because of Fang Daxiang's big name, but in front of the other party, he should have a lot of courtesy.

Not to mention that the other party is a senior in this field, the main reason is that the other party has been a visiting professor in Handong Political Science and Law for many years. It seems that he, Huo Pengfei, has also listened to Fang Daxiang's lectures.

So etiquette must not be lacking in this aspect.

"Hey, what advice are you talking about?" Fang Dazhuang smiled happily: "You are right in what you said. Our business relies on real materials, not fame."

He has never been superstitious about authority, even if he is an authority now, he can scold him whenever he should!

The court was about to start, and everyone didn't say much, and soon they all entered the court. Zhou Yi, who was familiar with the Second Civil Court, had already walked to the agent and sat down with ease, which made people feel distressed.

His parents are the real plaintiffs in this case, and Zhou Yi is the agent ad litem just like Fang Dazhuang.

As stipulated in the Civil Procedure Law, close relatives may act as representatives.

Not long after, Li Xusheng walked in with a sullen face, Zhou Yi looked up, you are the only judge in the civil court of Guangming District Court?

The production team's... can't be used so tightly.

Li Xusheng looked at Zhou Yi expressionlessly, the recent cases were a little less than before, and the overtime work was not that serious, thank God, at least he could have a good rest.

Although it is said that judges also need performance, a guy suddenly appeared and gave you a year's performance within a month. Do you think you will hate him, or do you hate him?

Thinking of the overtime work during the cyberbullying case last month, it was really painful.

"Okay, now the court begins!"

Both parties have confirmed their rejection of mediation.

The presiding judge is Li Xusheng, next to him are judges and people's assessors, this is a standard collegial panel.

As for the previous trial where only Lao Li was in court, it went through the summary procedure.

After the routine procedures, the stage of proof and cross-examination began.

According to the principle of whoever advocates, he must provide evidence, Fang Dazhuang naturally began to present evidence.

In Zhou Yi's case, besides evidence such as the company's domicile and the company's legal representative, there are a few main pieces of evidence, such as the contract, video and audio evidence taken by Zhou's father and mother in the car, shopping stores and other places.

And at the very beginning, the words of the salesperson Zhou Xiaoxiao during the publicity.

To be honest, Huo Pengfei had already prepared these evidences, such as the contract.

"There is no objection to its authenticity, but there is an objection to the probative force. This contract does not clearly stipulate that the group is not allowed to shop, and there is no agreement on the liability for breach of contract of the relevant parties. Therefore, it is impossible to prove that there is consumption in this tour group. Fraudulent conduct."

There are two directions for his defense. One is the contract itself. As Zhou Xinran saw it before, the contract is not very complicated.

It mentioned the pure play group, but Huo Pengfei focused on the agreement between the two parties, and did not say that he would not go to the shopping store. This was the key point.

The second is the video evidence.

To be honest, there are not so strict requirements for civil evidence in our country, or the means of obtaining evidence.

This involves the theory of the fruit of the poisonous tree in the West. Can the fruit of the poisonous tree be eaten?

However, our country does not have a one-size-fits-all approach to this aspect. For example, if you obtain video evidence by secretly taking pictures, the judge will not directly deny it to you.

It's just that Huo Pengfei can still use this reason to cross-examine and refute.

These videos of yours were all secretly shot, so there is a problem with the power of proof.

Then, because of your parents’ sneak shots, the tour guide insulted you.

Therefore, you claim that the compensation for mental damage should go to the tour guide, and the defendant is not qualified.

Huo Pengfei had prepared all these evidences, but what caught him off guard was an evidence submitted by Fang Dazhuang on the last day of the proof deadline.

That is the sales record and evaluation of "Xingtianxia" travel agency on a third-party platform.

Today's travel agencies basically have online stores, Xing Tianxia was originally what Zhou Yi's parents saw on the Internet.

In the past, Xingtianxia Travel Agency naturally sold a lot of pure play groups, and consumers were naturally upset when the pure play groups were taken to shopping.

It's just that there are not many people who are as tough as Zhou Yi. At most, everyone will leave a bad review on that platform.

It is said that this is a pure play group and you have to go shopping...

In fact, a simple bad review is nothing, the key is that the evidence shows that the platform certified as the account of the Xingtianxia merchant replied, I am deeply sorry, and then said that there is no forced shopping behavior now.

There is no forced shopping, it's just that you can't leave when others are shopping...

There are many similar comments, and Fang Daxiang found them all.

Then Huo Pengfei became a bit of a Muggle.

After presenting and cross-examining the evidence one by one, Zhou Yi was delighted to see it. Compared with Zhou Cainiao, this lawyer Huo really has two brushes.

Then came the court debate.

The main issue of the debate was whether the travel agency's behavior towards Zhou Yi's parents constituted consumption fraud!

This is the key to deciding whether to "refund one and pay three".

"Tourism contracts are mixed contracts based on tourism products, and a tourism product itself involves many service providers. In this case, our operator did not have any subjective intentions when providing consumer services for pure play groups. Intentional deceit."

"The reason for the shopping behavior is that there is a problem with the service of the local agency, which is beyond the expectation of our operators. Therefore, there is no consumption fraud."

Huo Pengfei said there.

The four constituent elements of consumption fraud, the first is that the operator must have a fraudulent intention on the subjective side, the second is that there must be fraudulent behavior, the third is that consumers have fallen into wrong judgments due to the operator's behavior, and the fourth is consumption. The author expressed his will based on a wrong judgment.

In human terms, I want to lie to you, and I acted to lie to you, but you were deceived by me.

Many times when we buy things online, we buy fake products. Why is it not true to advocate refunding one and compensating three? The reason is very simple. You need to prove that the online merchant is trying to lie to you.

This is when previous evidence comes into play.

Fang Dazhuang said: "From the previous evaluation and reply of the third-party travel platform, Xingtianxia Travel Agency is very clear that there are shopping situations in the pure play group, and it did not explain it when it sold the pure play group, so It can be ascertained that the travel agency has fraudulent intentions subjectively!"

"In addition, from the cursing words of the tour guide, it can be determined that the other party's insulting behavior was because our client did not shop. This insulting behavior continued to approach Yifen, which seriously damaged our client's personality rights."

The ability of well-known cases has never been reflected in the court at this time.

Just watching the court trial, many people will have a feeling of "I can do it if I go up", don't they just read it, who can't.

But Zhou Yi could also tell that this Huo Pengfei was still working hard.

It's a pity that when there are problems with the key evidence, no matter how eloquent they are, the words of the debate feel like empty words.

In the auditorium, Aunt Su kept memorizing it in a notebook. This is a classic case-based explanation!
Finally, the court debate ended, Li Xusheng announced an adjournment, and the collegial panel began to deliberate.

About half an hour later, the court reconvened, and the collegial panel pronounced the verdict in court!
"This court holds that...according to the Law on the Protection of Consumer Rights and Interests, the Civil Code...the judgment is as follows:"

The refund of the tour fee of 4 yuan, plus triple compensation and compensation for mental damage, is more than [-] yuan, which is not a lot.

This made Fang Dazhuang feel a little surprised, because according to his original experience, the evidence on his side is not a complete chain of evidence in this type of case.

Therefore, discretionary judgments are generally made. Remember the word discretion, which is a manifestation of the judge's discretion, especially when there is no specific calculation of the amount.

But it's not bad, it's better than expected. This case is finally over. Compensation for breach of contract and compensation for mental damage are the application of the new Civil Code!

After the verdict came out, Huo Pengfei made a phone call and immediately appealed in court!

Whether to file an appeal is someone else's right. Zhou Yi won't say much, but with the first-instance verdict and the previous materials, he can already make his own decision!

This video will be a bit long, and I don't know what kind of impact it will have. Zhou Yi is looking forward to it.

In this incident, Zhou Yi was just a soy saucer, and the lead actor was Mr. Zhao!

By the evening, the company had sent over the cut samples.

After knocking on the microphone, Zhou Yi started dubbing!
"Hello, dear viewers, I am your old friend Ayi..."

　This morning's sore throat chapter, good morning everyone, it's really wrong to ask for leave yesterday
　　Thanks to naihe, niaraeth, arctan, the driver who never drives, the person who waits for the dark, another novice, thank you for your rewards, today is a wave of explosions.

　　
　
(End of this chapter)