Chapter 140: Good Heavens, You Are Biting Back Instead, Are You?

In He Dongsheng’s case, it was already impossible to continue handling this case through settlement or court mediation.

Neither side agreed to settlement or mediation, and both were prepared to directly resolve it through litigation in court.

The Nandu Intermediate Court conducted the final inquiry regarding the mediation between both parties.

It asked both parties whether they wished to proceed with litigation and whether mediation was still needed.

After learning that both parties would no longer continue to accept mediation, the court notified both parties that they were to appear on time at the hearing.

This court trial was the same as the Wang Li bank case.

The cases were merged and tried together.

On the day of the hearing, at around 9:30 in the morning.

The hearing time was 10:00 in the morning.

Inside the court waiting room.

Li Xuezhen sat upright with a serious little face, silently reciting in her heart whom she should glare at later.

Her little face was somewhat blank, and with a trace of vacancy in her gaze, she sat straight beside Su Bai.

Su Bai noticed Li Xuezhen’s expression and inwardly let out a sigh.

From Little Li’s expression, it was obvious at a glance what she was thinking about.

Tsk tsk.

Li Xuezhen had gone farther and farther down this path.

In the other two waiting rooms.

They were respectively occupied by Quan’an Insurance’s legal lawyers, Li Shuangjun and Gu Bin, and by the prosecutor.

Quan’an Insurance waiting room.

Gu Bin handed the organized materials to Li Shuangjun.

“In this court hearing litigation, you will act as the principal litigation lawyer. These are the relevant materials, all of which I have already prepared.”

“Inside these materials are the issues that may be suddenly raised by Baijun law Firm. I have just organized them.”

“Take a brief look and make a psychological preparatory arrangement.”

“Mhm!”

Li Shuangjun nodded, and after taking the materials handed over by Wang Bin, he generally browsed through them, gained a clear understanding in his mind, and put the materials together with the other materials.

Very soon.

It was close to ten o’clock.

The relevant staff notified all parties to the litigation to enter the hearing.

After entering the hearing.

The seat of the litigated party, where Li Shuangjun and Gu Bin were seated, was directly opposite Su Bai’s seat for the litigating party.

Li Shuangjun raised his head and swept a glance over Su Bai.

This glance was caught by Li Xuezhen.

Li Xuezhen: ???

What are you doing, you are glaring at Lawyer Su?

Alright, in this court hearing, it will be you.

Li Xuezhen’s gaze skillfully focused on Li Shuangjun.

While Li Shuangjun was taking his seat and arranging the relevant materials, he always felt that something was somewhat wrong, and he raised his head to look at the opposite side.

After his gaze met Li Xuezhen’s: ???

This look was somewhat not quite right!

No, why did he always feel that this was rather strange?

As for Li Xuezhen’s stare.

Li Shuangjun did not pay too much attention to it, avoided that gaze, and continued looking at his own materials.

At this moment, the court clerk was reading out the courtroom discipline and matters related to the hearing.

“One: …”

“Two: …”

“Three: …”

“Four: …”

After the court clerk finished announcing, she immediately spoke again: “The courtroom discipline has now been read out. All rise. Now please welcome the presiding judge and the adjudicators to enter!”

Swish swish swish.

All relevant persons at the hearing rose to their feet.

The presiding judge and the two adjudicators entered.

Presiding Judge Du Linmu stood before the judicial bench, his gaze sweeping over the courtroom, and spoke into the microphone in front of the presiding judge’s seat: “Please be seated.”

As his words fell.

Swish swish swish.

The relevant persons at the hearing all sat back in their seats.

At the judicial bench, at the presiding judge’s seat.

Du Linmu struck the gavel.

“The hearing now begins!”

Bang bang bang!

Along with the fall of the gavel.

The court hearing was formally declared open.

According to the materials before him, Du Linmu spoke: “The court hearing has now commenced. Next, let all parties to the litigation state their identity information.”

“Next, let the litigating party state its identity information.”

“Yes, Presiding Judge.”

Su Bai looked toward the presiding judge’s seat and slightly nodded.

For this hearing, Su Bai had already learned in advance the information regarding the members of the collegial panel.

However, this information had not been learned by Su Bai on his own initiative.

Rather, it had been learned by Li Xuezhen on her own initiative and then told to him.

As for the purpose.

Naturally, it was in order to complete the great achievement to perfection.

Only, this time the investigation into the information made Li Xuezhen somewhat disappointed, because there were no issues with the members of the collegial panel.

The explanation for there being no issues was that these members of the collegial panel, in their past judgments, had not made any major errors, and their judgments were generally reasonable and fair.

No matter which party to the litigation it was, no one could point out any major problem.

It could be said that, as the presiding judge, Du Linmu’s standard was still relatively high.

From this point one could also see that the Nandu Intermediate Court attached relatively significant importance to the trial of this case.

“Presiding Judge, the members appearing for our side are Su Bai of Nandu Baijun law Firm, assistant lawyer Li Xuezhen, and the appealing party He Dongsheng.”

After Su Bai finished stating this.

Du Linmu then began asking the others for their identity information.

“Identity information of the litigated party.”

Li Shuangjun spoke: “Quan’an Insurance legal department, Li Shuangjun, Gu Bin.”

“Identity information of the prosecution.”

“Public prosecutor Hu Bing.”

Bang bang!

After the identities of the persons appearing in court had been verified, from the presiding judge’s seat, Du Linmu began to state:

“This case is to be tried by the Nandu Intermediate Court, and a collegial panel is formed by Presiding Judge Du Linmu, Adjudicator Zhang Huan, and Adjudicator Li Chengxiu.”

“According to the provisions of the Litigation Law, if any party to the litigation has any doubts regarding the personnel trying this case, and believes the conditions for recusal under the principle of avoidance are satisfied, an application for recusal may be made. Do the parties to the litigation have any objections to the members of the collegial panel, or any application for recusal?”

Su Bai: “No objection, no application.”

Li Shuangjun: “No objection, no application.”

Prosecutor Hu Bing: “No objection, no application.”

Bang bang!

After all parties to the litigation had answered, Presiding Judge Du Linmu struck the gavel:

“All parties to the litigation have no objection to the members of the collegial panel. The cause of action will now be announced.”

“The cause of action in this case is as follows: the litigating party believes that the first instance judgment against its client arose from malicious accusation by Quan’an Insurance Company and malicious inducement leading to the filing of the case, and in the second instance applies for revocation of the first instance judgment and accuses the legal department of Quan’an Insurance Company of malicious accusation.”

“And requires Quan’an Insurance Company to compensate the corresponding insured amount.”

“Is the cause of action stated by the litigating party true?”

While the presiding judge was making the inquiry, at the seat of the litigated party, Li Shuangjun and Gu Bin listened to the cause of action stated by the other side and slightly frowned.

This cause of action completely shifted the responsibility onto their Quan’an Insurance Company.

However, as seasoned legal practitioners, they had fought many lawsuits and had seen many causes of action in litigation.

Although this cause of action completely shifted the responsibility onto their Quan’an Insurance, it still required victory in the suit.

If the suit could not be won, then everything else was empty talk.

Therefore, the two of them merely frowned slightly and did not take the other side’s cause of action too much to heart.

On the other side, when the presiding judge made the inquiry, Su Bai nodded.

“Presiding Judge, the cause of action is true.”

Bang bang!

“The cause of action is true. Next, let both parties to the litigation state their litigation claims, as well as their factual basis and legal basis.”

“Please let the litigating party begin to state them.”

After Du Linmu arranged the materials before him, he looked toward the litigating party’s seat.

Su Bai slightly nodded and glanced at his litigation materials.

“Yes, Presiding Judge.”

“Our litigation claims are as follows:”

“First, our side believes that the judgment of the first instance seriously does not conform to the facts. Our side had no intention of insurance fraud. Our side applies for revocation of the first instance judgment and for a judgment of not guilty in favor of our side.”

“Second, regarding Quan’an Insurance Company’s accusation against our client He Dongsheng, our side believes that there existed a subjective intention of malicious accusation. Our side applies for Quan’an Insurance Company to issue a public apology and compensation to our side, and for the pursuit of the corresponding liability of Quan’an Insurance Company for malicious accusation.”

“Third, our side purchased insurance, and our claim for compensation was made according to the norms of the contract. It was a legitimate claim for compensation. Our side’s compensation demand was within the scope of the contract. Our side requires the other side to compensate our side 958,674.52 yuan in accordance with the insurance litigation compensation contract.”

“Fourth, due to the malicious accusation by the other side against our side, extremely great harm was caused to our side’s mental suffering. Our side requires the other side to compensate our side 46,852.47 yuan for mental distress.”

“Fifth, our side requires the other side to pay our side’s litigation expenses and lawyer’s fees.”

“Presiding Judge, our statement is complete.”

During Su Bai’s statement, Li Shuangjun and Gu Bin were both organizing the content of Su Bai’s statement.

After Su Bai finished stating it, the two exchanged a glance with each other and simultaneously frowned.

The other side’s litigation claims.

The most crucial were the first and the second.

Especially the second.

The belief that Quan’an Insurance had maliciously accused He Dongsheng and must publicly apologize.

It should be known that Quan’an Insurance was currently preparing for a public listing plan.

At present, it was precisely at the critical moment of listing.

If this case were lost, and a public statement were issued, then not to mention proceeding with listing, it might even go directly from attempting to list to the brink of collapse.

For an insurance company, what was most important?

Credibility!

Although, in many people’s understanding, insurance means that this is not covered and that is not covered.

But in fact, insurance had great utility, and there were also many people who purchased insurance.

What they mainly valued was the credibility issue on the insurance company’s side.

If Quan’an Insurance truly lost the case and publicly apologized, then the damage to the company’s reputation would directly plummet.

Other companies would not give you an opportunity to catch your breath, and would directly consume your market share.

This was also why Wang Haiyang had previously kept emphasizing that if it could be mediated in court, then mediate it, and if it could be privately settled, then privately settle it.

Because they could not bear the consequences of losing the case, nor were they willing to bear the risk of losing under circumstances where settlement was possible.

“The other side’s litigation claims are the same as what we previously anticipated. This lawsuit will not be easy to handle.”

“Even if it is not easy to handle, we still have to deal with it head on. We absolutely must win. Besides, at present the other side has not produced any substantive evidence at all. It is merely an accusation, and there is no particularly great impact.”

After Li Zhangjun finished speaking, Gu Bin slowly nodded. “Mhm!”

At the judicial bench, Presiding Judge Du Linmu struck the gavel.

Bang bang!

“The litigating party has already finished its statement. Now let the prosecution begin its statement.”

Bang bang!

After hearing the presiding judge’s words, Hu Bing organized the litigation materials that he had long prepared and placed them before himself.

Regarding the consolidation of this case, as the prosecutor he had also conducted a certain degree of investigation.

As a neutral public prosecutor, his determination regarding this case was that He Dongsheng had a certain suspicion of insurance fraud, and through supporting evidence and other objective facts it could be determined that He Dongsheng had committed insurance fraud.

But since the court of second instance had accepted this case for trial, that showed that there was key evidence indicating that He Dongsheng did not possess conduct constituting insurance fraud.

However, this still required further verification.

In response to the presiding judge’s inquiry, Hu Bing began to state:

“The prosecution believes that He Dongsheng has suspicion of insurance fraud, and that the objective facts are already established.”

“Unless the other side has key evidence that can show the basis that He Dongsheng did not possess conduct constituting insurance fraud.”

“That is, in the absence of key evidence showing that He Dongsheng did not possess conduct constituting insurance fraud, the prosecution believes that the litigating party’s application for a request of not guilty should be rejected.”

Bang bang!

“The prosecution’s statement is complete. Now let the litigated party make its statement.”

The litigated party was Quan’an Insurance’s side.

After hearing the presiding judge’s words, Li Quanjun looked toward the presiding judge’s seat.

He directly stated:

“Presiding Judge, our side believes that the litigating party’s accusation against our Quan’an Insurance Company entirely belongs to a fabricated accusation without any factual basis.”

“That He Dongsheng committed insurance fraud has a factual basis, and our side absolutely does not have malicious accusation.”

“Moreover, from filing, to enforcement, to judgment, throughout this entire process, all parties determined that He Dongsheng possessed the fact of insurance fraud. This is not something that our Quan’an Insurance could manipulate or accomplish. It is because He Dongsheng in fact had a factual basis for insurance fraud that the public prosecution was initiated.”

“Under such circumstances, on what basis does the litigating party determine that our side made a malicious accusation?”

“This is entirely defamation and has seriously infringed upon our side’s reputation. Our side applies for the collegial panel to reject the litigating party’s application, and also requires the other side to apologize for infringing upon our side’s reputation.”

“Presiding Judge, our statement is complete.”

As Li Shuangjun’s words fell.

Su Bai: ????

Good heavens, I am over here appealing and accusing you, and over there you are counter accusing me of causing damage to your side’s reputation?

Do you have no sense of shame?

Do you truly not know whether there was malicious accusation?

Or is it that you cannot admit that there was malicious accusation?

A seasoned legal schemer, are you?

You directly counter accuse and say that your reputation has suffered major damage, is that right?

Tsk tsk.

As expected of an experienced legal schemer, this method of counter accusation is truly formidable.

At the same time.

After Li Shuangjun finished stating the litigation claim, he even deliberately glanced in Su Bai’s direction.

The meaning of his litigation claim was already very obvious.

If you can produce evidence that our Quan’an Insurance maliciously accused you, then I will debate the case with you.

If I win, then I will in turn accuse you of maliciously infringing our reputation through litigation.

If I lose. Lose?

As Quan’an Insurance’s legal lawyer, Li Shuangjun had handled so many insurance cases, and his win rate could be said to be very high.

Under circumstances where the other side did not have absolute evidence, he had basically never lost.

Especially in this kind of complex insurance case, losing was even more impossible!

Li Shuangjun deliberately glanced toward the litigating party’s seat.

He noticed that Su Bai was looking at him with a smile.

Li Shuangjun: ???

Su Bai: On what basis do you believe that you can win?