Chapter 156: Li Xuezhen Slightly Excited: +1+1+1!

On the eve of the resumption of the hearing.

Zhu He was still examining the basic information concerning this case.

There were two points of argument in this hearing.

The first, whether Nandu Bank’s irregular conduct should bear responsibility for the unfinished building, had already been decided.

The second that followed was the accusation of malicious debt evasion by Nanjian Real Estate Company.

According to the evidence submitted by the plaintiff, as for the malicious debt evasion on the part of Nanjian Real Estate.

How should it be said.

Forget it, let us look again.

Zhu He silently thought in his heart.

However, he still found this lawyer Su Bai rather interesting.

Baijun law Firm, Su Bai.

He had one or two friends in Nandu, and he had heard of this law firm.

The reason he had heard of it was that when he was speaking with an old friend, he had inadvertently mentioned some interesting matters between the legal circles of Nandu and Beidu.

Among them, his friend had mentioned that every time this Su Bai handled a lawsuit at Baijun law Firm.

He would always send some people in.

Defendants, defense lawyers, judges, witnesses, and so on.

Good fellow, he had almost directly achieved a grand slam.

From that friend he had also learned of a title, namely Lawyer Who Sends People In.

The meaning was simple and clear, namely sending people in.

However, in this case, if it was only accusing the company of malicious debt evasion, then the company boss Ye Zhenghuan could not be sent in.

So this time no one would be sent in?

Then he would have to have a good chat with his old friend.

After his thoughts settled down.

Zhu He was rather interested in this later point of argument.

But as for sending people in.

Zhu He, as the Presiding Judge, also did not know from what point Su Bai would proceed.

According to the litigation procedure, it seemed that in this hearing no one could be sent in, could they?

Thinking of this, Zhu He slightly frowned, then shook his head and did not continue thinking further.

Time passed quickly, and since the adjournment had been announced, thirty minutes passed in haste.

When the court clerk announced the resumption of the hearing.

The three members of the collegial panel came to the bench, and all persons present took their seats.

Zhu He struck the gavel.

After the gavel sounded.

Xu Zhiqiang stared fixedly at the presiding judge’s bench.

Zhu He lightly swept his gaze across the defendant’s table and then spoke:

“The adjournment is ended!”

Bang bang!

“Next, with respect to the disputed point in this hearing, namely whether Nandu Bank’s irregular conduct must bear responsibility for the unfinished building, a determination will be made.”

“After deliberation, the collegial panel determines as follows:”

“It is determined that Nandu Bank was inadequate in supervising the funds, and also engaged in irregular conduct, and that it has a legal causal relationship with the unfinished state of the Nandu Xiushui Garden residential complex.”

It had a legal causal relationship.

That had been determined?

Xu Zhiqiang was stunned for a moment.

This determination directly amounted to stating that Nandu Bank had to bear responsibility for the unfinished Nandu Xiushui Garden residential complex!

This was equivalent to directly determining that Nandu Bank needed to bear a certain degree of responsibility for the unfinished state of the Nandu Xiushui Garden residential complex.

It was just that at present only the causal relationship had been determined, which was equivalent only to determining that responsibility had to be borne, but not yet rendering judgment as to the primary and secondary allocation of that responsibility.

Several seconds later.

Xu Zhiqiang slowly let out a long breath.

Actually he also knew that in this hearing, the bank indeed had very serious problems.

But.

They were a bank.

Originally Xu Zhiqiang had thought in his heart that because they were a bank, the court should not impose too heavy a judgment.

It would be enough to issue an administrative penalty for irregular conduct and impose a fine of several tens of thousands of yuan for not following the principle of honesty and good faith.

But now.

It had directly determined the issue of bearing the corresponding responsibility for the unfinished project.

Although at present only Ma Cheng had appealed and accused Nandu Bank, and Nandu Bank had borne the issue of responsibility for the unfinished project.

This case, however, had been determined by the Supreme People’s Court.

What did a determination by the Supreme People’s Court mean?

A determination by the Supreme People’s Court meant that in the legal sense it had guiding significance.

Once this determination result came down, good fellow, would not all the other homeowners in the Nandu Xiushui Garden residential complex come knocking at the door.

Demanding that their Nandu Bank bear joint liability?

Hiss.

If that were so, then Nandu Bank’s subsequent position could well be imagined.

And moreover, Nandu Bank was not a state owned bank!

A headache!

“Prepare to look for a job.”

Xu Zhiqiang silently thought in his heart that after losing this hearing, it would be impossible to continue staying at Nandu Bank.

Bang bang!

At the presiding judge’s bench, after announcing the determination, Zhu He looked toward Xu Zhiqiang at the defendant’s table.

“Does the litigation agent of Nandu Bank have any objection to this determination?”

His thoughts were pulled back, and Xu Zhiqiang slightly raised his head to look toward the presiding judge’s bench.

Since the collegial panel had made such a decision, even if he raised an objection, he would still need to present other viewpoints and evidence sufficient to overturn the determination.

Unless he could produce evidence to prove that their bank had not engaged in irregular conduct.

Otherwise, no matter how much he said, it would all be futile.

Taking a deep breath, Xu Zhiqiang spoke:

“Presiding Judge, our side has no objection.”

After Xu Zhiqiang’s words fell, Wang Wu, who was watching the live broadcast of the hearing, exploded completely.

Originally, under Su Bai’s several consecutive questions, Wang Wu’s entire body had been tense with nerves, deeply afraid that Nandu Bank would lose the case.

Now.

A determination that Nandu Bank possessed some kind of causal relationship, at a glance, was clearly unfavorable to Nandu Bank.

Why was there no rebuttal?

No objection?!

What did no objection mean!

Xu Zhiqiang, what are you doing!!

Speak!

Rebut it!

Attack them, make the Presiding Judge withdraw that determination!

Otherwise, did he know how disastrous the losses to Nandu Bank would be?!

Did he still want to continue working or not, did he know what effect this determination would have on Nandu Bank!

Looking at the live broadcast of the hearing, Wang Wu was already flying into a rage in his heart.

At such a critical moment Xu Zhiqiang was acting like this!

If he had known earlier, then when the Wang Li case ended, he should have removed him from the position of director of the legal affairs department!

Xu Zhiqiang, in his view, clearly did not want to continue working anymore!

The very first moment after this case ended, he would dismiss him!

Xu Zhiqiang: ????

This was the Supreme People’s Court, how could he rebut it???

If he rebutted it on the spot, not only would his job be gone, his lawyer’s license might also be gone.

He was merely a salaried worker, there was no need to risk his life.

Besides, in this hearing, Nandu Bank originally did have problems, and although this determination result was unexpected, it was also within a reasonable range.

As for whether he would be dismissed or not, he was already thinking about finding a new job, so what significance did dismissal or non dismissal have for him?!

None!

In the courtroom, Xu Zhiqiang let out a long sigh.

Li Xuezhen excitedly rubbed her eyes with her small face glowing, her Pikachu eyes blinking brightly.

She secretly rejoiced in her heart.

Alright, alright, that was +1.

After rubbing her eyes for several seconds, they had rested almost enough.

Immediately afterward, she placed her gaze on Ye Zhenghuan.

Perhaps because Little Li had stared at too many people in the courtroom.

The very first moment her gaze landed on Ye Zhenghuan, he noticed it.

Looking at Li Xuezhen’s gaze, for some unknown reason, Ye Zhenghuan began to mutter uneasily in his heart.

What exactly was that lawyer on the other side doing?

She kept looking in his direction.

It had to be said.

As a real estate boss, Ye Zhenghuan still cared quite a bit about certain other things.

Being stared at like this made his heart feel hairy.

He could not help asking:

“Lawyer Wang, do you think the other side’s lawsuit might affect me? For example, serving some time, eating from the communal pot for a few days, that kind of thing?”

Wang Jiangyang smiled: “Rest assured. I have looked over it, and the evidence submitted by the other side cannot determine malicious bankruptcy conduct, it can only determine an ordinary and general bankruptcy, merely not following the regulations.”

“The most crucial thing in this lawsuit is the evidence, unless the other side can produce some specific evidence to prove the company’s malicious bankruptcy conduct.”

“But generally speaking, merely through an individual’s own ability, it is impossible to investigate and discover what malicious bankruptcy conduct a company has, because there are many ways and means for a company to conceal assets.”

“If an individual wants to involve various departments to search for evidence, that is very difficult.”

“Besides, the other side has not gone through any kind of public prosecution procedure or the like, at most there would merely be a fine for the legal person and major shareholder, and it is impossible for the Supreme People’s Court to directly render such a judgment.”

“I understand President Ye’s concerns, but President Ye may rest assured, no other problems will arise in this case.”

As a major lawyer in real estate disputes, Wang Jiangyang understood Ye Zhenghuan very well, and also knew about Ye Zhenghuan’s secretive conduct.

But if one wanted in this hearing to determine Ye Zhenghuan’s guilt and directly send him in, that would simply be laughable.

It could not be said to be impossible, it was absolutely impossible!

Moreover, in Wang Jiangyang’s view, the other side had merely come to make the bank bear part of the responsibility, and now that objective had been achieved.

As for the litigation claim against Nanjian Real Estate Company concerning bankruptcy and debt evasion and the like, it would probably just be treated by turning a blind eye and letting it pass, at most recovering a little money, and could anyone really send someone in?

Impossible!

“But the lawyer on the other side keeps looking at me, I always feel that something is not quite right.”

“Lawyer Wang, during the hearing can I apply to have the other side’s lawyer stop looking at me?”

Wang Jiangyang: ……

“If the other side has not actively and maliciously interfered, then that is not possible.”

“Then alright.”

Ye Zhenghuan nodded, did his best to ignore Li Xuezhen’s gaze, and only then did he feel somewhat more at ease in his heart.

At the bench, after the determination had been made and it had been confirmed that Nandu Bank’s litigation agent had no objection.

Zhu He continued to sweep his gaze around the courtroom, and his eyes came to rest upon the materials before him.

Bang bang!

“With respect to the first disputed point in this hearing, Nandu Bank’s litigation agent has no objection.”

“Next, argument will begin on the second disputed point in this hearing, namely whether Nanjian Company constitutes intentional bankruptcy and malicious evasion of debt.”

“The plaintiff’s litigation agent is now requested to make a statement.”

“Yes, Presiding Judge.”

As the plaintiff’s litigation agent, Su Bai organized the materials before him and then began to state:

“According to our investigation and the evidence submitted by our side, irregular conduct existed in the bankruptcy procedures of Nanjian Real Estate Company.”

“First: Nanjian Real Estate Company, upon entering bankruptcy procedures and entering liquidation, did not notify the creditors.”

“The homebuyers of Nandu Xiushui Garden all belong in law to the category of creditors of Nanjian Real Estate Company.”

“According to the provisions of the Company Law, Article 185:”

“When a company conducts bankruptcy liquidation, it must notify creditors.”

“But when our side’s company bankruptcy procedure was about to be completed, our side still did not receive any bankruptcy notice from Nanjian Real Estate.”

“Our side was completely unaware of the bankruptcy of Nanjian Real Estate.”

“Nanjian Real Estate Company engaged in procedural irregularities.”

“That is, subjective malicious non notification.”

“Second: according to the submitted materials and the results of the court’s investigation, Nandu Real Estate Company ceased construction of Nandu Xiushui Garden in the very month it obtained the supervised funds irregularly disbursed by Nandu Bank.”

“According to the financial reports of Nanjian Real Estate Company.”

“Nanjian Real Estate Company also thereby entered into a debt crisis.”

“I would like to ask the defendant, why was it that after obtaining the supervised funds, although Nandu Real Estate Company clearly did not continue the construction of the project, Nanjian Real Estate Company entered debt so quickly?”

“According to the financial statements produced by Nanjian Real Estate Company, part of the flow of Nanjian Real Estate Company’s funds entered investment funds for several small companies and dividends for the enterprise executives.”

“May I ask the defendant whether using supervised funds to increase dividends for the enterprise executives constitutes malicious debt evasion?”

Ye Zhenghuan turned his gaze toward Wang Jiangyang.

Wang Jiangyang slowly spoke: “Plaintiff, according to the company’s financial reports provided by our side, Nanjian Real Estate Company applied for bankruptcy procedures because it was insolvent due to poor management.”

“How could Nanjian Real Estate Company have engaged in malicious bankruptcy conduct?”

“The malicious bankruptcy of a company refers to conduct by which the company intentionally harms the interests of creditors, but did Nanjian Real Estate Company intentionally harm the interests of creditors?”

“No.”

“Because Nanjian Real Estate Company went through ordinary bankruptcy procedures and process, and only failed to notify the creditors, this does not constitute intentional bankruptcy conduct.”

“There is also one more point, namely that enterprise management belongs within the category of enterprise management, and if it did not violate the category of enterprise management.”

“Then no matter how the enterprise acted or how it increased the dividends of the executives, that only violated corresponding rules.”

“It does not reach the level of illegality or criminality, and likewise does not reach the level of malicious bankruptcy or malicious debt evasion.”

“If the plaintiff has evidence, then it may produce it, but if there is no evidence, then the plaintiff is requested to take note that this is a live broadcast hearing of the Supreme People’s Court, and please pay attention to your wording.”

Tsk tsk.

Using this tactic?

Did he think that merely through his own individual ability, Su Bai could not obtain proof of malicious bankruptcy?

Su Bai smiled as he looked toward Wang Jiangyang and lightly exhaled.

After Wang Jiangyang noticed Su Bai’s gaze, he slightly raised the tip of his brow.

What did this smile mean?

After thinking for several seconds, Wang Jiangyang seemed to understand Su Bai’s thinking.

Was this lawsuit intended to recover the misappropriated supervised funds?

The executives’ dividends and the investments, those two could indeed be used to recover part of the funds.

But why was the other side bringing suit and accusing bankruptcy and malicious debt evasion conduct?

Regarding this point, Wang Jiangyang did not quite understand.

What Wang Jiangyang had not expected was that Su Bai not only wanted to recover the misappropriated supervised funds.

Of course, there was another thought as well, namely to send Ye Zhenghuan in.

He wanted both!