Chapter 56 Leftover Plan
Gao Shanxing hurriedly stopped him and said, "You are forging evidence." Lawyers forged evidence, with minor losses of licenses and severe punishments, which are much more serious than ordinary people who commit perjury.
Cao Yun explained: "First of all, this is a copy, not evidence, and secondly, these proofs have no legal significance at all. Its function is just a bargaining chip for our negotiations. Attorneys must first raise the price. For example, if you want to get compensation of 5,000 yuan, you must pay 100,000 yuan, and then try to start from 5,000 yuan to magnify things. If you are lucky, the judge will feel that you have some truth and it is unreasonable to not compensate. But 100,000 yuan is too much. At this time, the judge will express his attitude during negotiations, which will affect the other party's attitude."
The key point is consultation. The meaning of negotiation is to ask both parties to make concessions, and they will also be concerned about the interests of both parties. If a penny is not compensated, the plaintiff will not be able to negotiate. Therefore, once the defendant requests negotiation, the plaintiff will receive compensation on behalf of the plaintiff. It is also said that the judge will not be willing to hold trials multiple times for a case, and will tend to recommend that the plaintiff get compensation. Under certain circumstances, the defendant's lawyer is not willing to waste too much time and will persuade his client: the other party has certain bargaining chips, and with the judge's attitude, he will always have to pay more or less, otherwise it cannot be called negotiation.
Cao Yun said: "A lot of materials need to be prepared before appearing in court in this case."
Gao Shanxing was curious: "What will happen if you don't negotiate?"
Cao Yun thought for a while: "This judgment is very subjective, and it has a lot to do with the lawyer's performance in the court and the judge's own personality attitude. The legal provisions are written very clearly in black and white, and only when there is a specious situation, a lawsuit will arise. The importance of a lawyer is here. You must magnify your own advantages and hide your own disadvantages."
Gao Shanxing understood: "If we want 100 million or 200 million, the other party will definitely fight. If we only have 10 million, they don't want to fight the lawsuit to the end. Otherwise, if they lose the lawsuit, Qingqing will become a legal heir and have to share more cakes."
"Haha, that's right, the strategy I used in this lawsuit is called: scraps plan."
"What is a scrap plan?" Gao Shanxing asked.
"I invented the word myself. There is a tailor making clothes. Someone steals clothes. The tailor will definitely not do it. If this person says he just wants to remove the scraps, the person who makes clothes thinks that instead of stolen clothes by you, it is better to send you some scraps. The premise is that you have the qualification to get scraps. Now I must first obtain this qualification." Cao Yun said: "Five minutes before the stage, ten years of hard work in the rear of the stage. I have a lot of work to prepare for to get this scraps... Strange, none of the three of them came to work today, and they didn't even have an errand."
Gao Shanxing said: "Yun Yin called and said he had a cold. Lu Yihang said that an American friend came to Dongtang. He wanted to receive his friend and asked for a day off. Wei Jun sent me a WeChat message saying that he had drunk too much last night and asked for a day off today."
"Haha, no matter what they are, making money is important." Cao Yun took out his cell phone and called: "Hanzi, I'm going to start construction. See you in the cafe."
Cao Yun stood up and prepared to leave. Gao Shanxing: "Cao Yun, can you delay your time? I need some suggestions."
"What's wrong?" Cao Yun sat back on his chair and asked.
Takayama said: "Some days ago, did Mars, our former client of the law firm, sign a one-year long-term legal aid contract with us?"
Cao Yun said: "A year is really not a long time, it's considered a trial. Is there any problem?"
Takayama said: "I received a call from their president last night, and the company had a troublesome matter to consult my legal advice."
Mars is a company that does East Asia trade. Two months ago, after receiving the order in Gaoyan City, Mars and a factory in Mingtang signed a contract worth three million. After the time came, Mars had contacted the ship and planned to transport goods directly from Mingtang to Gaoyan City.
When more than a dozen cars drove to the factory to prepare for shipping goods, the factory owner said he would raise the price. Because on the third day after signing a contract with Mars, multiple companies looked for factories to order goods at a price of 20% higher than Mars Company. In this case, the factory would rather pay a penalty of 500,000 unless the Mars Company adds another 500,000 yuan.
If Mars scatters, the factory and Mars will suffer losses. Mars' losses are huge, because it not only has to bear the contract penalty for the merchants in Gaoyan City, but also loses the big customer in Gaoyan City, and even smashes his own sign. Faced with the factory's extortion, the Mars Company had no choice but to transfer 2.5 million yuan to the factory, and had already paid one million yuan when the order contract was signed, which means that Mars spent 3.5 million yuan for this batch of goods.
The President of Mars contacted Takayama last night to ask if he could recover or partly recover the extra 500,000. Gao Shanxing told the President that there was no way. The other party was on the condition of breaking the contract, not extortion. The President of Mars's idea of recovering 500,000 was unrealistic. The President did not say anything and hung up the phone. Gao Shanxing felt that the old client trusted him and supported him when the law firm had not improved much, but he could not help, and he felt sorry for it.
Last night, Gao Shanxing was all night long and looked through a large number of business contracts and contract laws, but she still couldn't find a breakthrough.
After hearing Gao Shanxing's explanation, Cao Yun nodded and said, "The existence of a breach of contract represents the price of breach of contract. If the other party wants to break the contract, as long as he is willing to pay the breach of contract, the contract will naturally be invalid."
Gaoshan Xing sighed: "It's true that there is nothing we can do."
"There must be a solution, and it's very simple." Cao Yun said: "You can write a complaint now, don't mention breaking the contract, contract, etc., and don't communicate with the other party. The complaint says: A week ago, the accountant of the Mars company shook his hand and accidentally made the wrong amount. Now he asks the factory to return the extra 500,000 yuan."
"Nani?" Gao Shanxing looked at Cao Yun.
Cao Yun said: "This is called unjust enrichment. For example, if you want to charge yourself for phone bills, you accidentally recharge the expenses on my phone. If I don't return them, it will be called unjust enrichment. If you sue the court, I will definitely lose... By the way, you'd better say hello to the people on Mars, insisting that the accountant made the wrong money. In court, the judge took the contract and saw that it was three million written on the contract, but he did make an extra 500,000, and he would definitely be determined to return 500,000."
"Is this possible?" Takayama asked in surprise.
Chapter completed!