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Chapter 738 Silence!

"Defendant, do you have any other cross-examination opinions?" The round-faced male judge asked.

"It's gone!" Li Pan said.

"Okay, the defendant will give evidence!" said the round-faced male judge.

"The first evidence, the certificate issued by the logistics company, proves that I work for the logistics company.

The second piece of evidence, the social security payment record, proves that I have a labor relationship with the logistics company.I just have these two pieces of evidence. "Li Pan said.

"Plaintiff, cross-examine the defendant's evidence," said the round-faced male judge.

"We do not approve the authenticity of the first evidence. Through online inquiries, we found that the actual controller of the logistics company that issued the certificate is the major shareholder of WY Company, which has a competitive relationship with the plaintiff, and the defendant is a technician. It is unreasonable for the world to be an executive in a logistics company, and the salary is quite high.

We believe that the defendant's work in the logistics company is just a cover, and his actual work unit should be WY Company, which has a competitive relationship with the plaintiff.

The plaintiff recognizes the authenticity of the second evidence, but does not recognize the purpose of the defendant’s proof. Although the social insurance is paid by the third-party logistics company, the payment of the social insurance does not necessarily mean that there is a labor relationship. We believe that this is an attempt to deceive the public with WY. workarounds adopted.

Cross-examination is complete! "Wang Chuan testified.

"Before the trial, the plaintiff applied to the court to obtain the defendant's personal tax payment and parking space rent payment within one and a half years after the plaintiff's resignation in order to prove that the defendant had violated the non-competition.

At the request of the plaintiff, we obtained the above evidence.Plaintiff, take a look, do you have any objections? "The round-faced male judge said, and handed over the collected evidence to Yue Shan who came up.

"The plaintiff has no objection to the evidence obtained!" Wang Chuan said after reading the evidence obtained by the court.

"Defendant, conduct cross-examination!" The round-faced male judge said.

Li Pan held the parking space rent payment slip and personal tax payment certificate obtained by the court in his hand and looked at it for a while, then frowned and said, "I agree with these two pieces of evidence. I paid the rent, and the personal tax is also mine. But This does not prove that I have a labor relationship with WY Company!"

"Defendant, let me ask. Where is your actual residence? Where is the office of the logistics company?" the round-faced male judge asked.

"I live in Fengtai, and the office of the logistics company is also in Fengtai District." Li Pan didn't understand why the judge asked such a question, and replied directly.

"Your residence and the office of the logistics company are neither in Chaoyang, so why do you rent the parking space under the office building of Guomao WY Company in Chaoyang District for a long time?" The round-faced male judge looked at Li Pan meaningfully.

"I..." Li Pan was tongue-tied and didn't know how to answer for a while.

After a while, he said, "Before, I worked part-time in a company over there at China World Trade Center, so I rented a parking space."

"Which company is it? What's its name?" the round-faced male judge asked.

"Hmm... It's been a long time, I forgot my name!" Li Pan said with his head bowed.

At this moment, he secretly scolded himself for being careless, and rented a parking space for the convenience of commuting to and from work, but was discovered by the other party, which became the biggest loophole in the whole case. Why didn't he think of this problem long ago.

"Defendant, what position do you work in a logistics company?" The round-faced male judge continued to ask.

"Deputy general manager." Li Pan said.

"What is the main job, the specific job content?" The round-faced male judge asked.

"Mainly responsible for...personnel management." Li Pan really couldn't think of any work in the logistics company that he could do as a technician.

"Have you ever done management work before?" the round-faced male judge asked.

"I have done management in CM company, and I have also done management in other companies before." Li Pan thought for a while.

"Plaintiff, is that so?" The round-faced male judge looked at Wang Chuan.

"When the defendant worked for the plaintiff, he was the deputy general manager of the technology department. His main responsibility was technology research and development, and personnel management was a matter of the administrative department. He was not responsible!
This point is mentioned in the labor contract, confidentiality agreement and non-competition agreement signed by both parties. "Wang Chuan said.

After finishing speaking, Wang Chuan sneered in his heart: You are a technician, what kind of personnel management are you talking about? Have you managed people?There are dozens of people in the technical department, and they are all managed by the administrative director. You can't even get close!

"Defendant, according to the personal income tax certification documents we obtained, you paid a total of 68 yuan in personal income tax within [-] months after you left the company. How much is your monthly salary in the logistics company?" asked the round-faced male judge.

"One month... I don't know the exact amount. My wife is in charge of the money, and my salary card is handed over to my wife." Li Pan said indifferently.

He didn't dare to tell the judge directly that his monthly salary was 10,000+, because he also thought of it. How could the deputy general manager of a small logistics company have a monthly salary of 10,000+? The logistics company is not cost-effective!
"You should know the approximate salary, right?" the round-faced male judge said.

Li Pan lowered his head, didn't answer, and couldn't answer.He chose silence!
"Plaintiff, please clarify, how is the non-competition compensation that the defendant should refund is calculated?" said the round-faced male judge.

"The plaintiff paid a total of 5000 months of economic compensation, [-] yuan a month, a total of [-] yuan."

"Liquidated damages of 200 million...how did you, the plaintiff, determine this amount?" The round-faced male judge frowned. He felt that the amount was a bit high in his heart.

"We determined a liquidated damages of 200 million yuan based on the defendant's position, salary, and the loss that the defendant would cause to the plaintiff in violation of the non-competition agreement," Wang Chuan said.

To be honest, he doesn't know whether the amount is high or low, because the determination of liquidated damages must take into account the actual losses of CM Company and be reasonable, but so far, CM has not been able to give the actual amount of losses.He could only bite the bullet and ask for the agreed liquidated damages.

"Judge, I think the liquidated damages are too high!" Li Pan raised his head suddenly.

As a technician and a highly educated person, although he doesn't know how the court will judge, he is sure of one thing. He couldn't give reasonable answers to several questions asked by the judge in court today, so he I want to make up for a little loss.

……

"Plaintiff, make the final defense!" The round-faced male judge let out a long breath.

"...According to the provisions of No.20 and No.20 of the "Labor Contract Law", non-competition is not the statutory obligation of the laborer, but a contractual obligation. Laborers negotiate and reach a non-compete agreement.

In this case, both parties signed a non-compete agreement, and after the defendant left his job, the plaintiff paid non-compete compensation according to the agreement.Now that the defendant has violated the non-compete agreement, the plaintiff has the right to request the defendant to return the non-compete compensation paid, and has the right to request the defendant to pay liquidated damages..." Wang Chuan said.

……

(End of this chapter)