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68: You can slap someone in the face, but you can’t let anyone know!
As expected, the case once again reached the Linwu City Court’s Adjudication Committee.
It wasn't that the case was particularly difficult; from a legal standpoint, Zhou Yun’s lawsuit had no issues whatsoever. This supplementary liability should indeed be borne by the Bank!
As for whether the Bank pursues recovery after bearing the supplementary liability, that’s its business, but at the very least, it should bear it now.
However, there's a very real problem: if a judgment is made, what if other impacts arise?
Will other owners of unfinished buildings follow suit and file lawsuits, thereby putting immense pressure on the financial system?
Although we operate under codified law, not case law, there are still concepts like guiding cases, reference cases, and typical cases.
The most typical guiding cases, according to Article 7 of the Supreme Peoples Court's "Provisions on Case Guidance Work," state that when people's Courts at all levels adjudicate similar cases, they should refer to guiding cases issued by the Supreme Peoples Court.
Anyone who has studied law should understand the concept of "should."
Alternatively, there are reference cases in the case database; if a Judge doesn't know how to rule, referring to these cases for judgment is certainly not a problem.
So, cases are not important, but sometimes, cases are very important.
But what if you don't know how to rule and there are no cases? The answer is to request instructions!
Although it's often said that Courts at all levels conduct independent trials, everyone understands that if you don't know how to rule, don't act rashly on your own; request instructions from a higher Court. Whatever the higher Court says to do, we'll do, ensuring no problems.
This is supported by relevant regulations.
The legal community also has significant controversy over the "instruction system," believing it directly undermines the independent adjudication power of Courts at all levels.
In summary, the Linwu City Court’s Adjudication Committee had significant disputes over the case’s judgment. After extensive debate, they decided to pursue two paths.
First, actively facilitate mediation. If the Bank disagrees, then reason with them to gain their agreement.
The Court is quite adept at reasoning; they are very professional.
Second, if mediation absolutely cannot be facilitated, then request instructions from a higher Court. Whatever the higher Court says to rule, they will rule.
Adhering to this view, the case-handling Judge began contacting both parties.
Inside a hotel room in Linwu City, Zhou Yun was on the phone with Director Zhuang.
"Director, don't rush me. It'll be done soon."
Director Zhuang on the other end of the line said with a dark expression, "You told me 'soon' half a month ago, and now it's the same thing again. How much longer will it take?"
The main reason was that he couldn't wait any longer; if this continued, he feared that law firms from other regions would start poaching his people.
In Jinghai, his law firm was certainly impressive, but compared to those red-circle firms in the capital and Shanghai, it fell short.
Zhou Yun chuckled upon hearing this, "I can't decide that... Director, how are things on your end?"
This guy changed the subject again. Zhuang Zhenrui then said, "Jiang Qiming has now been stripped of all his positions in the Lawyers Association; he's just an ordinary law firm Director now."
"Now, we will continue to keep a close eye on him. As long as there's an opening, I definitely won't let him off, rest assured!"
Zhou Yun naturally knew what this meant. It could only be said that Old Zhuang was willing to pay any price for him.
But it didn't matter; Old Zhuang would realize later that what he did was well worth it.
The two chatted for a few more sentences, then Zhou Yun received another call and answered it.
"Hello, oh, Judge Dai, you said, the idea of mediation... I certainly have no problem with that, but there is one other condition."
"Before the house is delivered, our client will temporarily suspend loan repayments!"
"Yes, just that one condition. Other than that, we will fully cooperate with the Court's work."
After hanging up, Zhou Yun was a little surprised. The Bank hadn't said anything yet, but the Court was already asking if mediation was possible.
He certainly had no problem; his goal was to get the money. As long as he could get the money, any method would do.
Litigation is not the goal; litigation is a tool to solve problems!
As for suspending loan repayments, that was just taking advantage of the situation.
The Court actively notifying him indicated what? It indicated that the Court was currently leaning towards his side. So, given that, he certainly had to seize the opportunity toStrive for more conditions.
This is the temperament a qualified Lawyer should have.
Anyway, it's like casting a net; if it doesn't work out, just drop this condition. What if it can be negotiated?
On the other side, at the Linwu Branch, Director Fang was currently chatting with another middle-aged man.
"Director, this is the situation now. Lawyer Guo's opinion is that our chances of losing are very high; the other side is too well-prepared."
The middle-aged man was the Branch Director, surnamed Bai, and he frowned, saying, "Lao Fang, I actually think the Court probably wouldn't dare to rule that way."
"Such a matter affects the whole body."
Director Fang thought for a moment and said, "But with that Zhou Yun involved, the Court will definitely consider the public opinion issues after the judgment. Now, with these unfinished buildings..."
After the previous collective loan suspension wave, there is now particular caution regarding public sentiment about unfinished buildings, and various regions are ensuring delivery of homes.
Quality can be compromised, decorated homes can become bare shells, but they must be delivered!
Just as he was speaking, his phone rang. Director Fang picked it up and immediately said, "It's Lawyer Guo calling."
"Answer it here, put it on speakerphone."
Director Fang immediately answered the call, and Lawyer Guo's voice came through: "Director Fang, the Court just called me; there's something."
"The Court just asked us if we want to accept mediation."
"Mediation?" Director Fang said with a look of surprise, "Mediate what? For us to pay liquidated damages?"
"Yes, that's what Judge Dai meant, and he also said that this case should be mediated if possible..." Lawyer Guo then said.
Director Fang's brows immediately furrowed: "This... this is a threat to us!"
Lawyer Guo said with a very helpless tone, "Currently, we are indeed not in an advantageous position, and if we mediate, the plaintiff also has a condition."
"That is, all seven of those parties will stop repaying their loans until the houses are officially delivered, then they will resume."
Director Fang roared upon hearing this, "This is impossible! Paying money is one thing, but suspending loan repayments? This... this is too much bullying!"
Director Bai's face was even darker, but he didn't know what to say.
Compared to ordinary people, the Bank is the Bank, but compared to other powerful organs, the Bank is the weaker party.
They resisted the investigation order for a long time, but it was useless. Now, they don't even know how to resist.
At the law firm, Lawyer Guo said a few more words, and seeing that the two leaders were getting agitated, he immediately closed his mouth and hung up the phone, then dialed Judge Dai's number.
"Judge Dai, yes, my client doesn't want to mediate right now; they said it's impossible..."
Judge Dai on the other end chuckled upon hearing this, "It's fine, Lawyer Guo, you don't need to worry about it. I'll talk to them directly; I'll work on them!"
In less than an hour, Director Fang called back proactively.
"Lawyer Guo, we agree to mediation, but with one condition: this mediation absolutely cannot be leaked, and a confidentiality agreement must be signed!"
This was also the Linwu Branch's last stubbornness... Just now, there were many people outside, you can slap my face, but don't let others know!
Especially that Zhou Yun, who loves to post videos. This time, he absolutely cannot be allowed to post!