Becoming a lawyer starts with raising a Xiezhi

Chapter 92 Full Proof
After making sufficient preparations, the case officially opened in court.

The parties did not dare to come to attend the trial, but entrusted Meng Lang with full authority to appear in court to represent the lawsuit.

The other party came, not only Shi Kelang, but also another nominal shareholder, because he was a nominal shareholder, and when he saw someone suing him, he was very flustered, and quickly asked a lawyer to help him appear in court to respond to the lawsuit .

Coincidentally, the lawyer he hired turned out to be Ma Bian.

When the two met, they laughed again, it was really fate.

Shi Kelang also hired a lawyer. When he saw Meng Lang sitting alone in the plaintiff's seat, he felt disdainful in his heart.

First, he saw that Meng Lang's client did not come, and second, he felt that Meng Lang was a young lawyer. At the same time, his lawyer also assured him that the case would be won and there was no problem.

Therefore, he sat there quite calmly.

Meng Lang took a look at him and felt that he was not a good person. The person involved said that he had a background of evil forces, and it seemed that what he said was true.

The trial begins.

As soon as Meng Lang finished reading the indictment, Shi Kelang's lawyer retorted: "The plaintiff sued wrongly. My client, Mr. Shi Kelang, is not a qualified defendant. The plaintiff confuses the responsibilities of the company and the shareholders, which is obviously beyond the law. If it doesn’t match, please the court dismiss the plaintiff’s lawsuit against my client, Mr. Shi Kelang.”

Another shareholder’s lawyer Ma Bian then said with a smile: “The third defendant and the second defendant have the same opinion. To say the least, even if the shareholders are to bear responsibility, the third defendant is not responsible because the third defendant , that is to say, my client is only a nominal shareholder of the company, and has not actually invested funds or participated in the operation. The specific operation of the company is the responsibility of the second defendant and has nothing to do with the third defendant."

After listening, the judge asked: "What about the first defendant's defense?"

At this time, Shi Kelang's lawyer hurriedly said: "Just now I was short on the answer. The first defendant did not deny the debt owed by Shangshi Trading Co., Ltd. to the plaintiff, but now the first defendant is insolvent and unable to repay the debt. Therefore, the plaintiff should apply to the court for the bankruptcy of the first defendant, so it is not the best choice for the plaintiff to sue the first defendant for repayment, because the first defendant is insolvent."

When Shi Kerang's lawyer said this, Meng Lang was furious. The lawyer Shi Kerang hired was just as good at cheating as Shi Kerang.

It doesn't matter if he doesn't admit the debt, or admits that he owes the debt but doesn't want to repay the debt. As a lawyer, you always have to argue unreasonably. Attorney fees are normal.

However, the court cannot give the plaintiff any ideas to show his brilliance and belittle the level of the opposing lawyer.

And now he is doing exactly this. He actually said that he should not sue the defendant for repayment, but should apply to the court for the bankruptcy of the first defendant, Shangshi Trading Company.

According to the provisions of the Bankruptcy Law, when an enterprise is insolvent, its creditors can apply to the court for bankruptcy, so that the enterprise can pay off its debts and protect the interests of creditors.

But this is only a helpless move by creditors to protect their own interests when there are many creditors, or the amount of creditor's rights is relatively large, and the legal person qualification of the enterprise involved is complete. Otherwise, who would file for bankruptcy?

Once the company goes bankrupt, the unfulfilled claims will be wiped out, and there will be no chance of repayment, which is the last resort.

But the current situation is that because of Shi Kelang's behavior, the upper-tier trading company does not have a complete legal personality at all, so why should it go bankrupt?Want to use bankruptcy to avoid debts, this pit wants him to jump?

Meng Lang glanced at Shi Kerang's lawyer, and saw an imperceptible smile on the corner of Shi Kerang's lawyer's mouth.

Very proud!

A court inquiry begins.

"The plaintiff, please provide evidence first." The judge struck the gavel.

Meng Lang raised the certificate in a calm manner. First, he submitted evidence of arrears, proving that the first defendant owed 500 million yuan, and the second defendant also signed on it.

Shi Kelang's lawyer immediately testified: "The first defendant does not deny the money owed to the plaintiff, but this is only the debt of the first defendant and has nothing to do with the second defendant."

Ma Bian also continued: "I agree with the second defendant's opinion."

As the third defendant's lawyer, Ma Bian didn't need to talk much, he just followed the second defendant's footsteps. For him, this case was just a small case and he didn't need to put in too much effort.

Meng lang continued to give evidence.

The second set of evidence is the industrial and commercial registration information of the upper-tier trading company, which proves its capital contribution and shareholders.The registered capital of Shangfang Trading Company is 1000 million yuan.

This is objective documentary evidence, and none of the three defendants objected.

The third set of evidence is the paid-in capital evidence of the parent company.

Since the establishment of the upper-tier company, the registered capital of 1000 million yuan has only been injected into a few 10 yuan, and the remaining registered capital has not been injected at all. According to the law, if there is no paid-in registered capital, the shareholders need to pay for the outstanding capital. Responsible for repayment within the amount.

As soon as this set of evidence was submitted, Shi Kelang's lawyer argued: "After the company was established, my client invested tens of millions of yuan to run the business, but there is no strict financial system, so the money did not go through the company's account. Turnover is not a withdrawal of registered capital.”

Meng Lang immediately retorted: "If a company does not have a strict financial system, how can it prove that the company has an independent legal person status? Mixing personal money with the company's money is a standard abuse of the company's legal person status. At this time, We are about to lift the corporate veil and reveal the real debtor, who is the shareholder of the company!"

These words left Shi Kerang's lawyer speechless, and he couldn't think of any reason to refute Meng Lang.

"The second defendant's property was not mixed with the second defendant's property, but the second defendant's account was used during the company's operations." After a while, Shi Kelang's lawyer finally came up with an untenable reason.

"This shows that there is confusion, confusion of personality, and confusion of property. What else can the second defendant have to defend?" Meng Lang immediately shot back.

Shi Kelang's lawyer listened and was unable to answer for the time being.

Then Meng Lang submitted evidence of the 500 million loan flow to the court, proving that after Shi Kerang borrowed money, the money did not go into the company's account, but was transferred out of his personal account.

These evidences fully prove that the 500 million loan belongs to Shi Kelang's personal loan, not the company's loan. Even if it is a company loan, because Shi Kelang abused the company's legal personality and limited liability treatment, he can directly file a lawsuit against the company. shareholder claims.

At the same time, since Shi Kelang has not paid in its registered capital, it should also undertake the repayment responsibility within the scope of the unpaid registered capital.

Thanks to Keng Sini for rewarding 500 starting coins again, and thanks to the veterans for their support!Ask for tickets, ask for rewards!
(End of this chapter)