67: What a wonderful ending

Facts prove that once certain departments get serious, many things can be investigated.

For example, now, the Housing and Urban-Rural Development Bureau only took one day to clarify the general situation.

The developer had no tiles or similar items on site, nor did they have previous invoices.

In other words, these so-called materials only appeared on paper and did not exist in reality.

This is enough to explain the problem!

Although these pre-sale funds did not enter the supervisory account, theoretically, these funds can only be used for specific purposes before the house is delivered!

As a result, they were siphoned off in this manner, which is a clear case of embezzlement of funds!

As for whether there are other occupational embezzlement issues, that is a matter for the economic investigation department.

After obtaining the evidence, Zhou Yun immediately applied to the Yunshan County Court to withdraw the lawsuit.

The Yunshan County Court naturally had no objection and was eager to get rid of this case as soon as possible.

All the evidence had been obtained, but Zhou Yun was not in a hurry to report the case, because the lawsuit against the Bank was about to go to Court.

It is certainly not possible to report the case now, because after reporting the case, according to the principle of criminal cases first, then civil cases, civil cases related to criminal cases must be suspended.

Wait until the criminal case has a result before deciding whether to hear it based on the situation.

The money recovered from that boss will most likely still be used for specific purposes, to build the unfinished houses.

But in this way, there is a problem: Wen Yuhe, Grandpa Li, and the other seven families specifically hired him to fight the lawsuit, but in the end, they were no different from those who did not fight the lawsuit.

This is certainly not acceptable; if you actively stand up for your rights, you must have benefits that exceed others, at least in Zhou Yun's view.

Therefore, Zhou Yun plans to first handle the case with the Bank, and after receiving liquidated damages from the Bank, then report the case!

In this way, the unfinished building may be repaired, Grandpa Li and the other seven families can also receive additional liquidated damages, the Housing and Urban-Rural Development Bureau has successfully completed a guaranteed delivery project, and the Bank... well, let's not mention it, ahem, overall everyone is very satisfied.

He had been out for so many days, and Director Zhuang from Jinghai had urged him countless times; it was time to finish the case and go back.

It was another drizzly morning when Zhou Yun arrived at the Linwu City Court.

The Linwu Branch had hired a professional lawyer, whose surname seemed to be Guo, a middle-aged woman who looked as if she was owed a lot of money.

And next to the middle-aged woman, Lawyer Guo, was Director Fang.

Director Fang's face was still very bad, and he looked at Zhou Yun as if he wanted to rush over and fight him.

Zhou Yun's previous report was fatal; now the Financial Regulatory Bureau is already investigating.

Director Fang was truly angry and afraid, fearing that his affairs would be investigated.

If he had the chance, he really wanted to risk his life with this lawyer named Zhou!

Zhou Yun directly chose to ignore Director Fang's eye offensive.

He was not particularly sure whether he could win the case, but in a similar case in his previous life, one of the reasons the Court did not win in the end was that the Bank was not the counterparty to the breach of contract, and the owner should first find the developer.

Therefore, the reason for the lawsuit was supplementary liability, and it was only after exhausting all means to obtain liquidated damages from the developer that the Bank, which illegally lent money, was asked to bear supplementary liability.

Compared to the case in his previous life, Zhou Yun obtained more evidence in this life.

Soon, the members of the collegial panel entered, and after confirming that neither party had any intention of mediation, they announced the start of the trial.

First, it was still the plaintiff and defendant's statements. Zhou Yun's facts and reasons were not complicated: the Bank, as a financial institution, illegally lent money, and the loan did not enter the supervisory account, thereby providing convenience to the developer, leading to the transfer of funds and the project becoming unfinished.

Combining with the previous life's case, Zhou Yun did not state that there was a causal relationship between the Bank's illegal lending and the breach of contract, but only said that the Bank had a responsibility in this and should bear supplementary liability!

Supplementary liability refers to the indirect liability assumed by a party with a specific connection to the wrongdoer (principal liable party) for the part that the wrongdoer cannot pay when the wrongdoer cannot bear all the compensation liability according to law.

The developer is the principal liable party for the breach of contract, and now, the enforcement has been terminated. Zhou Yun specifically presented the previous judgment and the termination notice as evidence to prove that the developer is no longer able to bear the responsibility.

"The Bank, as a professional financial institution, should be aware that housing loans are also an important part of pre-sale funds."

"Similarly, the Bank should be even more aware that under such circumstances, depositing housing loans into a non-supervisory account carries extremely high risks, but it still chose to do so."

"Moreover, the housing loan was deposited into a non-supervisory account without notifying the parties involved. Now that our side has proven that the developer cannot bear the responsibility, the Bank should bear corresponding supplementary liability!"

Zhou Yun's logic is very simple; basically, any slightly professional lawyer can think of this logic.

The key is still the evidence; fighting a lawsuit means fighting with evidence!

Zhou Yun presented several pieces of evidence to prove his point.

"Evidence 1: A record found at the Linwu Branch, showing that the Linwu Branch deposited housing loans into a non-supervisory account. This evidence was issued by the Linwu Branch itself."

Hearing Zhou Yun's words, Director Fang was so angry he wanted to hit someone. This guy really goes for the kill!

It's endless, isn't it!

Meanwhile, Zhou Yun had already produced the second piece of evidence.

"Evidence 2: A reconciliation statement issued by the Linwu City Housing and Construction Bureau, regarding the Linwu Branch not depositing the loan into the supervisory account."

"Evidence 1 and Evidence 2 prove that the Linwu Branch has extremely serious illegal lending behavior."

This is the extra evidence compared to the previous life. If the down payment didn't go into the supervisory account, you could say the owner was blind, they authorized it, ah, say you can only listen to the owner, whatever account the owner gives you, you give it to that account.

Okay, then for those where the down payment went into the supervisory account, why didn't you deposit the loan there?

It's a crushing victory, truly a crushing victory. It's not about how high the legal standard is, but purely about the overwhelming evidence!

Win honorably, no need for petty tricks.

On the other hand, Lawyer Guo kept repeating one sentence.

"The Bank is not a counterparty to the contract, nor does it have any special relationship with the developer, so it should not bear supplementary liability."

"The plaintiff's evidence is not sufficient to prove that there is a special relationship between the Bank and the developer..."

It can only be said that her mind is still clear; she knows to prove what exists, not what doesn't, and she doesn't need to actively prove that the two parties have no special relationship.

But it was useless.

Zhou Yun directly said: "The defendant's claim of having no special relationship is extremely ridiculous. As one of the supervisors of the supervisory account, the supervisory account itself was opened at the defendant's end, yet it violated regulations by issuing loans to a non-supervisory account."

"If there's no relationship, can you explain why?"

In civil litigation, one can speak of "reason."

Your reasoning doesn't make sense. You illegally gave money for no reason? Do you think everyone is a fool?

It's like you saying you gave money to a scantily clad young lady last night for no reason, and it was a figure like 998, and you even stayed in her room for two hours.

You say you just went in to chat, just wanted to give money?

See if the police uncle will believe you.

Lawyer Guo couldn't explain and started rambling again. Finally, the Presiding Judge couldn't stand it anymore.

"Defendant's representative, do you have any new points? If not, then don't speak!"

Lawyer Guo was choked and then remained silent.

The trial ended, and Zhou Yun had already seen the light of victory. This case was going to be won, although it might not be fully supported, at least a portion of the liquidated damages would be supported!

Of course, there is another possibility: the Bank, seeing that it might lose, will proactively seek mediation.