However, this kind of regulation is generally in the user notice, but it is estimated that many people will not read the pile of things when they apply for a card...

So it's going to be a joke.

Things really happened as Fang Daxiang expected.

Regarding liquidated damages, there is indeed no evidence, but the other party claimed that Wu De had been notified, and he did not deny it.

And because it is a "free" package, he does not need to pay, so it can take effect if the other party does not deny it.

Yes, it's true that you didn't fully agree, but we texted you and you didn't specifically deny it.

As for the monthly payment, Wang Daoren's point of view is that since it is not used anymore, it cannot be accepted. The other party's regulation is to restrict one's own rights through standard terms, so it should be invalid!

This brings up the invalidity of standard clauses.

Then Zhou Yi saw that Fang Daxiang next to him couldn't sit still anymore.

Sometimes he mutters something, sometimes he rolls up his sleeves, as if he is about to go up in person in the next second.

After a lot of wrangling, finally, the court made a verdict!

The presiding judge delivered the sentence.

The focus of the dispute between the two parties is whether the "free" package must be fully agreed by the other party, and whether there is no denial after notification.

The question of the monthly payment is whether the standard terms are valid.

This is where Wang Daoren was brought into the pit, because the judge stated in the judgment that whether the standard clause is invalid or not needs to be prosecuted in a separate case, and Wu De should know the relevant regulations.

According to the current regulations, it is necessary to pay.

Therefore, the judgment is as follows: the mobile company is judged to refund the liquidated damages of 60 yuan, and the other claims are rejected.

Winning, but not quite winning.

Just after the verdict was read out, Zhou Yi saw that Fang Dazhuang next to him was in a hurry.

In other words, he couldn't sit still during the debate just now, and wished he could get out.

"What's the matter with you two legal affairs? What kind of standard clauses are you talking about with the other party? Isn't it obvious that you are being led into the ditch?"

"It is unreasonable to charge directly with them when they are not using it. Such a contract is obviously unfair and violates the principle of contract fairness in the Civil Code!"

"I'm convinced too..."

"Let them file an appeal, and I will fight your second trial. I'm so anxious!"

It can be seen that Fang Daxiang is really anxious. Although the case is indeed easy to argue, but the other party's few words have brought the rhythm, which is obviously a problem!

The direction is wrong, no matter how much you say, it is useless.

Zhou Yi smiled and said, "Okay, then I'll tell them."

On the other side, Wang Daoren received a call from Zhou Yi.

"Mr. Zhou, should we file an appeal? Teacher Fang wants to go in person?"

After hanging up the phone, Wang Daoren looked at Zhang Wei and then at Wu De: "Boss Zhou said to appeal."

Zhang Wei has gotten used to it, according to his previous thinking, there is no need to appeal.

But for now, let’s bring it up.

Coincidentally, I ran into Chen Wenjing just after arriving at the place.

"Are you going to file an appeal? See you at the second trial!"

The second update, the third update will be later.

(End of this chapter)

Chapter 3 Eighty

The first-instance verdict came out, and it turns out that many people are still paying attention to this case.

The main reason is that everyone wants to see how operators are educated.

Then it was discovered that the first trial actually only won the liquidated damages?

This makes many people feel uncomfortable.

Fang Xiaoying has been eating melons intensively during this time, using her "Da Yingying" account to chat with people constantly.

Now I also realize that it is indeed impossible to criticize many rights defenders harshly.

Since the rules are like that, you have to follow the rules.

You can’t stop doing it just because you say it may damage the interests of grassroots employees. If you have to say it, basically many of our complaints are ultimately blamed on grassroots employees.

Are you saying that you can't complain?

It is only because this incident is very special, the amount is small, but the impact is great, so it has caused such a big discussion.

Therefore, after the verdict of the first instance came out, Fang Xiaoying quickly expressed her opinion.

"It's unreasonable. You have to pay for it if you don't use it? It's not right no matter how you look at it. Why?"

This is the perception of a normal person. I used your service to give you money, which is normal.

But I'm ready to cancel the account and you still charge the money, that's definitely not right.

But after seeing the Tengda employees filed an appeal, I feel a little more at ease, at least Tengda is still so stubborn.

This made her think about her own affairs, but the problems she encountered were more complicated. It was unclear whether or how to sue.

I've searched a lot online, but I've never seen anything like this.

This made Fang Xiaoying hesitate.

She will graduate in July this year, so why not go to Tengda for an internship first?

The "Jingzhou Great Smart" article clearly stated that even interns in this company can use legal aid services.

There was still some time before the trial of the second instance, and the public opinion on the Internet gradually calmed down, once again being dominated by various entertainment news.

So-and-so divorced, so-and-so refuted rumors, anyway, all kinds of chaos.

Especially now, the situation on the Internet is changing too fast, and the traffic stars will come on stage after you sing.

You don't know who is who for many traffic stars who look like a dime, but looking at the situation on the Internet, you feel that they seem to be very popular.

Then a lot of people are eating melons, and I don’t know where I am. Who is this guy? I’ve never heard of it...

Amid such commotion, the second trial is about to begin.

It's just that Chen Wenjing looked blankly at the name of the other party's lawyer in the copy of the complaint. Isn't it Zhang Wei and Wang Daoren? Why is it Fang Xujing again now?

The shadow of a famous tree, Zhang Wei and Wang Daoren are unknown juniors, needless to say.

But who is Fang Xujing, he is well-known!

Needless to say, in Shanghai before, after two years in Jingzhou, his reputation is even greater than before.

This person was used in many classic cases of interpretation of the law by the Supreme Court, which means it is obvious!

The most important thing is that Chen Wenjing, who is in his 30s this year, also listened to this teacher Fang's class...

And anyone who has listened to Fang Daxiang's class will basically feel his suffocating debating method.

It's not whether you win or not, but it will rub your IQ on the ground and make you feel, why am I so stupid...

Don't talk about martial arts, don't talk about martial arts, change lawyers if you don't win the first trial and win the second trial?

He wanted to back down, but he couldn't help it. He was a legal officer and was paid. Who would he let him do when he quit.

I can only prepare harder, and if I win at that time, won't I be famous...

However, practice shows that when the gap between people reaches a certain level, there is no way to make up for it.

In the court of second instance, Chen Wenjing's eyes were dull.

On the opposite side, Fang Daxiang sat quietly, taking a drink from the water glass from time to time, with a smile on his face.

Fang Dazhuang's eyes were not right when he entered the court, looking at him was like a hunter seeing his prey.

Just now, the two ended their court debate.

What he didn't expect was that Fang Daxiang on the opposite side completely abandoned the factor of standard clauses, and only debated from the basic principles of the Civil Code.

The most obvious truth is that if I don't use it, I don't need to pay, it's as simple as that.

But with such a simple reason, he was refuted speechless.

The focus of the debate has shifted from the standard terms to whether the service should be paid if the service is not provided.

No matter how many standard terms you have, this thing can be regarded as a service contract.

If the service is not provided, then there is no need to pay.

The judgment of the second instance was changed, and the judgment supported all of Wu De's demands, whether it was liquidated damages or monthly rent.

Of course, judgments are not the same from court to court, as you can know if you study some judgments carefully.

Depending on the law that applies to a certain fact, the results obtained may also be different.

In the auditorium, Zhou Yi smiled, Fang Dazhuang had been preparing for this lawsuit wholeheartedly during this time.

If Fang Dazhang gets serious, then basically nobody else has anything to do with it.

But this Chen Wenjing is not bad, at least he is good enough to fight against Fang Daxiang for a few rounds.

But no matter what, the lawsuit was finally won!

Wang Daoren and Zhang Wei also came to observe, they still have to study hard, if they come down to replay, they will definitely think of this point.

But when you go to court, you can easily be led into rhythm.

Theory and practice are always two different things, Zhou Cainiao is a typical example.

The second trial was won, and the relevant leaders in the Jingzhou branch wanted to curse again.

But there is no way, if you lose the lawsuit, you lose. Compared with various rights protection methods, the court's judgment is the most powerful!

Fang Xiaoying was very happy, not only because she won the lawsuit, but also because she found that facing some special lawsuits, Fang Daxiang next to Ah Yi seemed to be more interested in them than the other parties!

What if it's a case I've never seen before...

In the business hall, Manager Zhou and Li Xiaojie were also surprised after seeing the verdict, and then began to express emotion.

This is probably the only person who has really completed the legal process in recent years.

Fortunately, after the company issued a statement, they will not do anything to them.

But I feel that it is completely unnecessary to be more serious, because I won the lawsuit, and it was only 130 yuan.

It will just make the mobile company lose a little face.

But even if you lose face again, the mobile company is still the same size, you can't help it.

As for the other audience masters of Mr. Zhou, I feel even more gratified. A Yi has already started this kind of company, so I dare not even think about what he will do in the future!

Another feeling is that you still have to be square, or square and big!

If you look at these other lawyers, such as Wang Daoren and Zhang Wei, you can tell that they are not strong by looking at their hairstyles.

In fact, if you have consulted a law firm for such a similar case, you will know that no lawyer is willing to take it.

It's not because of the background, it's simply that the bid amount is too small, and people will tell you not to accept it.

It's just such a big fuss, will the higher-ups care?

But it's a pity, there is only one Fang Dazhuang, alas...

But at this moment, a notice quietly appeared on the Internet, and it caused an upsurge in a short period of time.

"Regarding the matter that the Jingzhou Branch of the Netcom Mobile Company blocked the user from canceling the account, we have noticed the relevant public opinion, and the Handong Provincial Communications Administration has intervened in the investigation..."

There are some clichés in the back, for example, if there is a problem, it must be investigated.

As soon as the notice came out, it immediately sparked heated discussions among netizens.

Liquidated damages and monthly rent are all excuses for the majority of netizens. The core of the problem is not the money, but to use this money to prevent users from canceling their accounts!

Not much, but disgusting people!

Tap the screen to use advanced tools Tip: You can use left and right keyboard keys to browse between chapters.

You'll Also Like