166: There is always one suitable for him

Regardless of everyone's thoughts, the Court investigation phase concluded.

Soon, the Presiding Judge announced the start of Court debate.

Yue Xialan cleared her throat and immediately opened fire: "The existing evidence from our side can fully prove that this information is a trade secret, and its disclosure will cause damage to the rights and interests of third parties."

"Therefore, the arguments of the appellee in the first instance are all invalid..."

After a pause, the Presiding Judge said: "Appellee, please begin your statement."

Zhou Yun then smiled and said: "Presiding Judge, I request to question the appellant."

The Presiding Judge looked and said: "Questioning is permitted."

Zhou Yun then looked at Yue Xialan opposite him: "I would like to ask, is the 'Letter of Objection to the Disclosure of This Information' that you presented this time confirmed to be issued by Gao Yewei, the former major shareholder of Kangde Company, without any problems?"

Hearing this, Yue Xialan said: "Yes, it was indeed issued by Gao Yewei, the former shareholder of Kangde Company, without any problems."

He certainly couldn't say it wasn't; if he said it wasn't, it would mean the evidence was fake. Besides, the evidence was definitely real and had no issues, so there was no reason to deny it.

It's estimated that the other party intends to sue based on the relevant provisions of the new company law, but the original liquidation report is definitely gone now, just as he thought.

This person has some skill, but it's useless; without evidence, you're useless no matter what.

After receiving the answer, Zhou Yun said: "Presiding Judge, my questioning is complete."

The Presiding Judge looked at him with a bit of surprise and said: "Does either side have anything to add?"

"No."

"Alright, Court adjourned now!"

The trial ended, and Luo Hongxuan felt like he had a lot to say but couldn't express it.

Zhou Yun smiled and said: "Let's go, let's sign."

The two walked over to the Clerk and began to sign the trial transcript.

After signing, Zhou Yun said: "I need to apply for a copy of the trial transcript."

The Clerk turned his head upon hearing this, just about to say something, when he saw the handsome young man opposite him had already pulled out an application form.

"The application form is also ready. How do you charge here?"

Trial transcripts can be applied for, which are records of what both parties said during the trial. After signing, you can inquire with the Clerk.

Normally, there's a process: a written application is required, and usually, you can't get it on the spot during the trial because it needs the signatures and confirmation of both parties and the presiding personnel.

So normally, you first sign the application form, and then you might have to pay some money. This money is for binding and printing fees; the Clerk needs to bind it for you.

If you forget to apply during the trial, you can still apply to retrieve it later, which is allowed. If the other party doesn't give it to you, it's either because they don't want the hassle or they're doing it on purpose.

If they don't give it to you, there's absolutely no problem with complaining; don't be afraid.

The Clerk's subsequent words were stifled, and he began to process the procedure.

Meanwhile, on the appellant's side, Yue Xialan was already smiling and said: "Alright, I already know Zhou Yun's idea. He wants to try to sue that Gao Yewei through the provisions of the new company law."

"We told him about this before. Zhou Yun probably doesn't know that it's actually been ten years, so he's still thinking of suing. Let him sue, it's useless."

Hearing Yue Xialan's words, Director Xie and the other two nodded with smiles, finally feeling relieved this time.

Last time he mocked them so much, now let him experience it himself.

Next is to wait for the judgment. As long as the judgment is issued, it will be stable. Appealing administrative litigation is even more troublesome. It can basically be said that this case is set in stone!

After Zhou Yun and the other person left, Yue Xialan and the others also reviewed the transcript and signed it.

The Clerk would not tell them about the other party's application for the transcript because they didn't ask.

Working in the Court for a long time makes people like this; if you don't ask, I won't say an extra word.

It's the nature of the job, because saying one extra word might cause who knows how much trouble later. There have been lessons learned from this.

There are many instances of fights in Court. Anyone who works in the Court is taught by their mentors not to speak carelessly.

This includes lawyers as well; they will never say an extra word.

.........

On the other side, Zhou Yun and the other person had already walked outside.

Luo Hongxuan still couldn't help but ask: "Lawyer Zhou, I feel like we might lose this one."

Zhou Yun smiled and said: "It's not 'might lose,' it's 'definitely will lose.'"

Huh? Luo Hongxuan was instantly dumbfounded.

Zhou Yun waved his hand and said: "They brought out new evidence, and there's nothing I can do, so we're definitely going to lose."

"But this new evidence is very interesting."

"You signed an internal cooperation agreement with Kangde Company before, right? I remember that agreement stated that after the affiliation began, you would pay a fixed fee."

Luo Hongxuan nodded upon hearing this: "Yes, Lawyer Zhou, at that time, I paid Kangde Company a total of 150,000 in management fees."

In the past, some affiliation fees were fixed, while others were determined based on the project amount, ranging from 3% to 15%.

Of course, if you insist on asking how much profit remains after paying 15% management fees, that's unknown. However, such situations indeed exist in actual cases.

Luo Hongxuan's 150,000 back then was not expensive; doing projects then and now are completely different concepts.

Zhou Yun continued as he walked forward: "Look, you've already paid the management fee to the other party. So, normally speaking, regardless of whether that internal cooperation agreement is valid or invalid, at the very least, the other party should acknowledge one thing, which is that the project funds should belong to you."

"What do you say, Old Luo?"

Luo Hongxuan subconsciously nodded, but he was a bit confused about what Lawyer Zhou meant by saying this.

Zhou Yun continued: "But now, this boss named Gao Yewei has come forward and said that he believes this project fund belongs to Kangde Company, and therefore, on this basis, he refuses to disclose the information."

"Do you know what this means?"

Luo Hongxuan blinked: "What does this mean? They... they cheated me?"

"Exactly, it means they cheated you out of your management fees!" Zhou Yun smiled broadly, just like the other party smiled when he was tricked in his previous life.

Luo Hongxuan said with some confusion: "But Lawyer Zhou, that 'Letter of Opinion' said that the boss believes the creditor's rights should belong to him..."

Zhou Yun replied naturally: "That's right, the creditor's rights belong to him, but the premise for the creditor's rights belonging to him is that this creditor's right should belong to the company."

"Then, when the company was deregistered, this creditor's right was not liquidated, and only then can it belong to the shareholders."

"So, he is essentially denying your internal affiliation contract. What does this amount to? This amounts to fabricating facts during the contract signing and performance process to defraud you of your management fees!"

"In criminal law, this is called contract fraud!"

Fraud, the core lies in the word "deceive." The difference between contract fraud and contractual deception lies in whether there is an intent to illegally possess.

However, the subjective aspect cannot be directly determined; it can only be determined through the other party's actions.

Alright then, this money hasn't been given to me for so many years, and I don't even know if the Education Department gave it to you or not, because when I asked the Education Department to disclose the information, they didn't disclose it either.

I didn't know before, but now I know. So, you little rascal thought this money should belong to your company, right? You're trying to defraud me of my management fees, aren't you!

Upon hearing this, Luo Hongxuan immediately said with great excitement: "So, Lawyer Zhou, you want to confirm with the other party?"

Zhou Yun laughed heartily: "Of course! What we said, especially this question, will definitely be recorded in the transcript. That's why I told the Clerk I wanted to apply for the transcript."

Luo Hongxuan quickly asked: "Lawyer Zhou, what if that boss denies it?"

"Denial is even better!" Zhou Yun was already smiling like a fox: "What is denial called? It's called perjury!"

"Of course, administrative litigation does not involve the crime of perjury, but I believe they will certainly be involved in another crime."

"Article 307 of the criminal law stipulates that whoever by violence, threats, bribery, or other methods obstructs witnesses from testifying or instigates others to commit perjury shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years."

"Honestly, I really don't believe that boss would be willing to come out and provide that statement for them for no reason. Violence and threats might not be involved; nobody's that stupid these days."

"But the situation of bribery or disguised bribery, that's hard to say..."

"Two paths: either he goes in for contract fraud himself, or he chooses to incriminate those who appeared in Court today for obstructing testimony. How will that Mr. Gao choose? I think this is really interesting."

"What do you say, Old Luo?"

"It's a pity, initially, the crime of obstructing liquidation was chosen for him, but there's no way, it's been ten years, and the statute of limitations has long passed. However, among the 483 crimes in the criminal law, there's always one that suits him."