Chapter 154 Three consecutive questions! Why is your bank so irresponsible?! (Exciting)(1/3)
For Su Bai, what is the key point of this lawsuit?
The most critical point is the bank!
Banks must be jointly and severally liable for unfinished buildings!
Nanjian Real Estate Co., Ltd. has no money?
No problem!
Don’t you have no money? Then let me let the bank take responsibility...?
You can't tell the bank that you have no money, right?
If you don’t have money, why should you open a bank?
Besides, if you really don’t pay for it, that’s fine. Then my previous loan still has interest, late fees, and handling fees.
I won’t pay it back, is that okay?!
As for what to do about the boss of Nanjian Real Estate...it's easy to handle...
Pay back the money, forget it.
If you don’t want to return it, go in.
According to the provisions of the criminal law, it should be less than five years...
The specific sentencing, Su Bai estimates, is about three years.
Tsk tsk...
Why do these guys just want to make home buyers take responsibility?
They should also assume their due responsibilities, instead of letting home buyers' hard-earned money go down the drain and letting vulnerable groups like home buyers bear the responsibility.
Otherwise, why would the law stipulate so many regulatory treaties?
The meaning of the law is to protect the weak and the victimized.
.….….
After Su Bai stated the lawsuit application.
There were no changes at the court hearing... People watching the live broadcast outside the court were very nervous.
Especially Wang Wu.
As the person in charge of Nandu Bank, he does not want to see any problems arise in this trial.
After all...
There's a problem, and he, the person in charge of Nandu Bank...can't escape!
And...
It will cause irreparable losses to Nandu Bank!
.….….
At the court hearing.
On the bench, Zhu He glanced at the materials, then raised his head slightly and glanced at Su Bai.
As the presiding judge of the Supreme Court, Zhu He has a certain understanding of this case.
And I firmly believe that this case is a typical complex case.
Because this case involves a problem.
That is whether the fault of the third party and the bank is a major fault, and whether the loan is indispensably related to the failure of the real estate developer.
From the perspective of the final appeal of the entire case, this is the key content of this case.
Once you have a clear understanding of the case, the next question will depend on the pleadings of both parties at the trial.
Dong Dong Dong!
The gavel struck.
"The plaintiff's attorney has completed his presentation..."
"Now I would like to invite the defendant, the litigation attorney of Nanjian Real Estate Co., Ltd., to speak."
"Good judge."
As a lawyer in real estate disputes, Wang Jiangyang has helped Ye Zhenghuan fight many cases.
Among them.
The winning rate is very high.
Under normal circumstances, if there are no major problems, you can win the case.
In this court hearing...the other party made it clear that they wanted to take advantage of the bank's illegal operations and make the bank take responsibility.
The lawsuit against Nanjian Real Estate requires compensation for losses... This is in accordance with the requirements in the contract, and there is nothing wrong with it.
It is meaningless to refute from this aspect and let the other party's lawsuit application be dismissed, and this situation will certainly not be supported legally.
Even...
Nanjian Real Estate Co., Ltd. did not notify its creditors, which is not a problem at all.
Because Nanjian Real Estate Co., Ltd. did not notify creditors.
In fact, Wang Jiangyang knew what the other party was thinking.
That is to accuse Nanjian Real Estate of maliciously evading debts.
This is the most critical question.
There is also the issue of the amount of compensation.
However, Su Bai obviously calculated the amount of compensation after some calculations.
There is no big objection.
"If you want to plead and rebut, you only need to refute the point of malicious debt evasion."
Wang Jiangyang thought silently in his heart,
After determining the main contradiction of the plea, look at the court seat.
"Presiding Judge."
"We refute the plaintiff's accusation that we maliciously evade debts."
"In the legal definition, malicious corporate debt evasion refers to the company's shareholders, actual controllers, or other managers, etc., in order to obtain improper benefits."
"Using its control, management, or business operations, abusing the company's legal personality and fixed limited liability, maliciously transferring and utilizing the company's property, maliciously dissolving and canceling the company, maliciously going bankrupt and other illegal means to circumvent the law and evade debts."
"Behavior that harms the interests of the company and creditors and prevents creditors from realizing their rights through legal channels."
"According to our bankruptcy procedure, our bankruptcy process is formal and there are no problems..."
"We apply to dismiss the other party's accusation that we maliciously evade debts..."
"Presiding Judge, the statement of the lawsuit application of Nanjian Real Estate Company has been completed."
"Hmm!"
"In addition to the issue of malicious debt evasion against Nanjian Real Estate Company, do you have any objections to other litigation claims?"
"President, we have no objections to the plaintiff's other claims."
"Okay."
Zhu He nodded slightly, then looked at Nandu Bank: "Now please let the agent of the defendant Nandu Bank make a statement."
Xu Zhiqiang took a deep breath when he heard the presiding judge's words.
Take out the litigation materials prepared in advance, put them on top, and then slowly speak:
"In view of the plaintiff's demands against us, our applications are all rejected."
"We have no cooperative relationship with Nanjian Real Estate Co., Ltd., but the regulatory funds are kept in Nandu Bank. The purpose of this fund is to build Nandu Xiushui Garden Community."
"We are only responsible for the supervision funds."
"Although we have violated the rules, it does not mean that there is a relationship between us and the real estate developers."
"The use of funds is not controlled by the bank."
"Our illegal distribution of funds and the unfinished construction of Nandu Xiushui Garden Community do not constitute a legal causal relationship, nor does it constitute an issue of joint and several liability."
"That is."
"We apply to dismiss all the claims of the litigants."
"Nandu Bank has completed its statement."
After Xu Zhiqiang finished his statement...
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To be continued...