Becoming a lawyer starts with raising a Xiezhi

Chapter 55
Meng Lang sat next to Han Yuan's parents with a calm expression on his face. Lawyers must remain calm in court and cannot act emotionally like their clients.

Suddenly seeing Han Yuan's ex-wife staring at him, he felt palpitated and thought, damn it, the client is hated again, but luckily the other party is a woman, so he is not afraid of being hated. If the lawyer is timid, then Do not represent the parties in the case.

Han Yuan's ex-wife stared at him a few times, with a look of resentment on her face, but in court, it was useless for her to do so, could she still eat him?

The judge walked in and announced the opening of the court.

Meng Lang read out the indictment, and as soon as the reading was finished, Han Yuan's ex-wife said, "They bought the house for us, why should they sue me to pay back the money now? Anyway, I won't pay it back."

As soon as she finished speaking, her lawyer said slowly: "This attorney believes that the plaintiff's lawsuit has no basis in law. The plaintiff gave money to buy a house for the two defendants after their marriage, which was an act of gift to the two defendants. Now we are suing the two defendants." Repaying the debt is completely unreasonable. The plaintiff was resentful of my client because of the divorce of the two defendants, so he tried to sue the two defendants. This violated the civil gift provisions, unless the two defendants had major Otherwise, the plaintiff would not be able to revoke his gift! Moreover, this case is not a lawsuit to request the revocation of the gift, but a lawsuit to repay a debt, so this attorney requests the court to directly dismiss his lawsuit."

Han Yuan's ex-wife's lawyer had a smug look on his face as soon as he finished speaking. In his opinion, it is impossible for Han Yuan's parents to win the lawsuit, because buying a house for their son and daughter-in-law is a kind of gift, which cannot be revoked under normal circumstances. , and even if they want to get back the house, they have to file a lawsuit to revoke the gift, but Han Yuan's parents filed a lawsuit to repay the debt, which shows that the other party's lawyer is incompetent, and the legal relationship of the lawsuit is wrong.

After hearing what he said, meng lang remained calm and stopped arguing with him for the time being. He still had to use evidence to speak in a lawsuit.

Immediately after entering the court investigation stage, Meng Lang presented evidence on behalf of the plaintiff.

The first thing to prove is the IOU that Han Yuan issued to the plaintiff.

The lawyer of Han Yuan's ex-wife saw it, and then cross-examined: "This agent has doubts about the authenticity of the IOU, because this IOU was written before suing, not when buying the house, which just confirms the authenticity of this IOU. The agent's guess is that the plaintiff filed this lawsuit solely because my client divorced another defendant, which is a malicious act and has no basis in the law."

Meng Lang replied: "As for the second defendant's agent, this lawyer does not agree. The IOU is a good supplement, but its authenticity cannot be denied. Before that, the plaintiff and the first defendant only had a verbal agreement. Now the first defendant The first defendant is willing to form a written IOU, why not? How can it be seen that this IOU is false? If the second defendant thinks it is false, please produce evidence to prove it is false.”

After saying this, Han Yuan's ex-wife's lawyer stared blankly. What he actually wanted to express was that the two defendants did not borrow the plaintiff's money at all, so the IOU was fake, but what Meng Lang wanted to say was that this IOU was written by Han Yuan. What Yuan Yuan wrote was true, not false at all.

Next, Meng Lang submitted evidence of bank transfers, proving that the plaintiff transferred 210 million yuan to the first defendant to buy a house. After the first defendant Han Yuan received the money, he paid it to the real estate company and purchased the property.

"The plaintiff submitted this set of evidence, which fully proves that the first defendant, Han Yuan, borrowed 210 million yuan from the plaintiff because he needed to buy a house after marriage. The plaintiff sent the money to the first defendant in time. After the first defendant received the money, , Immediately entered the real estate company and used it to purchase real estate. This is a legal debt, and it is also a joint debt of husband and wife, so it needs to be repaid by the first defendant and the second defendant!"

As soon as Meng Lang finished explaining the purpose of the proof, Han Yuan's eyes lit up. He used to always feel that he was unreasonable and worried that he would not win the lawsuit, but now after listening to the lawyer, why did the more he listened, the more he felt that he and his parents were right? ?

The lawyer of Han Yuan's ex-wife hurriedly said: "The evidence presented by the plaintiff does not prove that it is a loan contract relationship, and there is malicious collusion between the first defendant and the plaintiff, with the purpose of infringing on the legal rights of the second defendant. The plaintiff The transfer of funds to the first defendant just proves that their behavior is a kind of donation rather than a kind of loan, so the plaintiff's petition should not be supported!"

After Meng Lang heard this, he sneered and said, "Where did the second defendant's lawyer see that the plaintiff's transfer of money to the first defendant was a gift? The plaintiff actually transferred the money to the first defendant for buying a house. The two defendants lived together with the first defendant before. How can it be seen that they maliciously colluded to infringe the rights and interests of the second defendant? Evidence must be provided to prove whether it is a loan or a donation. Now the plaintiff has evidence to prove that it is a loan. How did the second defendant conclude that it was an act of donation?”

The lawyer of Han Yuan's ex-wife immediately said: "The judicial interpretation clearly stipulates that the act of parents buying a house for their children after marriage is a gift to both husband and wife. Sue on behalf of the plaintiff!"

Damn it, Han Yuan's ex-wife's lawyer actually attacked him personally. In front of the plaintiff, he said that he was incompetent and didn't even understand the legal provisions. His uncle couldn't bear it, and his aunt couldn't bear it either.

Meng Lang immediately countered and said, "I would like to remind the second defendant's lawyer, please read the judicial interpretation carefully. The judicial interpretation states that the behavior of parents buying a house for their children is a gift to both husband and wife, but in this case, where did you come from?" It can be seen that the plaintiff is buying a house for the defendant? The money for buying the house was paid by the first defendant to the real estate company. The plaintiff has never bought a house. If he didn’t buy a house, where did the gift act come from? Please ask the second defendant’s lawyer to find out the law first. Regulations and facts will speak again."

Meng lang turned the opposing lawyer back.

When the lawyer of Han Yuan's ex-wife heard this, he became anxious and said, "The plaintiff is actually a kind of donation. They transfer the money to the first defendant, and the first defendant buys a house. Isn't it equivalent to the plaintiff buying a house?"

Meng Lang sneered again: "Equivalent to? If you put it like this, I lend you money, and you lend money to others, it is equivalent to someone asking me to borrow money? Do you understand the relativity of the contract? If even If you don’t even understand the relativity of the contract, don’t talk nonsense in court, it’s embarrassing!”

"You!" Meng Lang spoke bluntly, but Han Yuan's ex-wife's lawyer was furious.

"Has the defendant provided any evidence?" The judge stopped them from arguing and asked the two defendants if they had any evidence to submit.

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(End of this chapter)