Wuchang qu People's Court, Civil Court II.

Christmas is three days left.

Early in the morning, the recently highly anticipated "Squirrel Fruit Industry's case against Youpin Shop" was held here.

Because Feng Jianxiong and Ma Hesha have had some scandals recently, the case has received much more social attention than ordinary commercial litigation, and the audience seats are almost full, and most of them are media people.

Although Ma Hesha sued the two maliciously slandered media, the lawsuit has not yet begun. The prosecution itself is still relatively low-key, and Feng Jianxiong did not take the initiative to promote it.

Therefore, in the eyes of most media, Ma Hesha and Feng Jianxiong, the "dog man and woman who are unspoken for the sake of filming opportunities", are still dirty.

Before the trial, most media people turned their attention to the plaintiff's side, and they took photos without hesitation when the court allowed the filming.

Because it is a reputation right case, not a privacy right case, it does not involve personal privacy, and it is something that should be tried publicly according to the Civil Procedure Law, so there is no problem for someone to listen to it. (If it involves privacy, it may not be made public in the previous trials, but when the verdict is announced, the verdict will still be announced publicly)

Feng Jianxiong did his homework in advance and knew a lot about the management of "Youpin Shop". Before the trial, he glanced at the dock opposite and was surprised to find that Liu Yang had actually come to respond in person - Mr. Liu, the boss of "Youpin Shop".

You should know that if a business lawsuit is involved in such a company, it is usually just a lawyer who can handle it with enough power of attorney. At most, a lower-level person will be sent to represent the company.

Otherwise, if there are so many lawsuits from a large company, how can the boss have the skills to clone him?

The boss can appear in person, which means that the opponent is at least planning to make a quick battle.

Feng Jianxiong was still thinking that the clerk had invited the presiding judge to the seat. The presiding judge's surname was Yuan and was a woman about 35 years old.

Then read out the court regulations and ask whether the parties involved require recusation.

After receiving the affirmation that Feng Jianxiong and Liu Yang both expressed that they would not apply for recusation, Judge Yuan gave a lawsuit request and reason in one or two sentences, and then went directly to the facts to determine, cross-examination and refute.

"Defendant, what do you have to refute the accusation that the plaintiff claimed that your company was implemented in early November 2008 and has continued to infringe on the exclusive rights of the plaintiff's brand promotion materials to this day?"

After Feng Jianxiong finished his statement, Judge Yuan turned to Liu Yang and his lawyer to ask questions.

The defendant's lawyer is Chen Debing, who is also one of the partners of Yuecheng Law Firm, a top-notch Wuchang firm. He is also a number one figure in the legal territories of Hubei Province.

Faced with the judge's question, Feng Jianxiong thought that Liu Yang and Chen Debing would resist fiercely - although he was not afraid of such resistance. Because the evidence, facts and truths were on his side.

However, the other party did not resist at all.

Lawyer Chen said frankly: "Dear Presiding Judge, we acknowledge the above-mentioned infringement facts raised by the plaintiff and have no objection to the evidence. We are willing to apologize to the plaintiff and reach an out-of-court compensation agreement."

However, when he said this, he had no expression of discouragement in failure, as if this would not lead to him losing the lawsuit.

Judge Yuan was shocked. She had been a judge for more than ten years and seemed to have never seen this before. She couldn't help but confirm:

"What? You directly acknowledged the other party's litigation request? Lawyer Chen, please note that if you act as a litigation agent, you must have special authorization if you want to make a statement that will lead to a direct recognition of the other party's claim - the clerk, please check the defendant's litigation agent's power of attorney."

According to the Civil Procedure Law, after receiving the entrustment from the parties and becoming a litigation agent, lawyers can generally make various words and deeds on behalf of the parties. However, there is an exception, which requires additional special authorization.

That is to directly admit the litigation claim made by the other party.

Because in terms of performance, this behavior is contrary to the interests of his client and surrenders directly without resistance. To be cautious, the Litigation Law stipulates that lawyers who surrender without resistance must have additional special authorization.

When the trial was held, the clerk had already checked the identities of both parties, the qualification documents of power of attorney, but at that time, because he didn't expect Chen Debing would not resist directly, the clerk did not check whether his power of attorney was a special power of attorney.

This is why this unprofessional rush is caused.

However, they soon realized that there was no need to be so busy.

Because the legal representative of the defendant company came to court today, it was not just a lawyer.

"No need to check it, I agreed to him do this." Liu Yang said suspiciously, but his speech was clear and he still trusted the lawyer he hired.

Since his company started its business, he has been asking Chen Debing to do legal affairs and has taken on major cases. After working with him for many years, he believes that Chen Debing will not cheat him.

After hearing the defendant's legal representative spoke in person, Judge Yuan naturally would not be too troublesome, but just ordered the clerk to write this article in detail into the trial record.

Then, she turned to Feng Jianxiong with a happy look: "Plaintiff, the defendant admitted the facts you raised very readily and expressed his willingness to mediate the amount of compensation. You should be fine, right?"

Judges all hope that the settlement rate of mediation is higher. Is this also one of the political achievements of a harmonious society?

Since the other party's conspiracy has not been exposed, Feng Jianxiong naturally has no reason not to accept mediation - the other party directly admits defeat, and you still don't let the mediation discuss money, which will leave a bad impression on the judge.

At the same time, he was not afraid that the other party would fail to mediate and then revise his confession. Because all the facts admitted by the other party before mediation have been recorded in the trial record and must be signed and confirmed by both parties.

Even if the amount of mediation cannot be consistent in the end, a mediation agreement cannot be reached. Then, the court will make up for the "value judgment" part on its own based on the facts that have been determined before and decide how much to pay according to law.

"Yes, we accept mediation."

I thought I had to review the content for one morning, but it was done in 20 minutes. Everyone could save three hours to go back to play "World of Warcraft".

Of course, Judge Yuan cannot be so depraved.

She slightly checked the trial plan and decided to put the issue that should have been dealt with in advance at the second trial.

Anyone who has watched legal films knows that in most cases a case cannot be tried in one trial.

In civil and commercial cases, the most common thing is that the fact-determined part is held at least once, the legal application and value judgment part is held at once, and then the court will be held at the final verdict (many times the collegial before the verdict takes a long time, and there are fewer cases of the collegial being announced in court after the debate on the application of the law.)

In this case, I originally planned to put the content of the "trial compensation amount" part in the second trial (if the facts are clear after the first trial), it is naturally advanced.

...

In the indictment, Feng Jianxiong's original claim amount was 8 million.

Of course, this number is written in a nonsense, or in other words, it can only be a source that can be barely attached to—

At that time, Feng Jianxiong used the excuse that "Squirrel Fruit Industry's sales of Marinose in October 2008 were close to 20 million yuan. Since November, due to the promotion of Youpin Shop, it launched confusing products, resulting in a decline in sales of Marinose in Squirrel Fruit Industry's Marinose sales of Marinose fell below 10 million yuan. It is expected that this kind of sales squeezing will continue during the infringement in the next few months." He casually fabricated a claim of 8 million yuan.

The net profit of Squirrel Fruit Industry's cake cut is about one-third. In other words, as long as the other party's infringement and confusion and bad goodwill can cause a reduction of 24 million yuan in sales, it can constitute an infringement of 8 million yuan.

There is no doubt that this is a number that is purely to pay more litigation fees to the court in exchange for more care and early court opening. In fact, it cannot stand scrutiny at all.

Because even without the publicity confusion and infringement of "Youpin Shop", Squirrel Fruit's cake-cutting sales trend will be over.

Even when Feng Jianxiong and Tian Haimo privately investigated the case, they believed that the infringement of Youpin Shop actually only caused the actual sales of "Squirrel Fruit Industry" to drop by two to three million in November, and the net profit loss was up to 1 million.

In the following months, if the infringement continues (or the influence of the infringement continues), the actual monthly losses will also decrease due to the time limit.

It would be good if the actual loss was 2 million in the end, and 3 million was considered against the will of heaven.

Now, since we have to directly preside over the mediation of the compensation amount after the other party admits the facts, these numerical issues naturally become sensitive.

Feng Jianxiong also knew that the other party would definitely not be so stupid as to admit the amount of the indictment of 8 million yuan. Even if it was him, he would be willing to cut half of the asking price after a little bargaining, reflecting his sincerity. (After all, the number of 8 million yuan will be exposed after a slight debate)

Of course, this kind of concession cannot be achieved overnight, otherwise it will make people feel that you are bullied and your negotiation skills are too stupid.

After a few minutes of verbal confrontation, Feng Jianxiong gave a new price point as if sincerely: temporarily demanding the other party to compensate 6 million yuan.

I have already lost 2 million.

He was waiting for Liu Yang to bargain.

"Defendant, please state your opinion on the amount of compensation." After Judge Yuan suppressed Feng Jianxiong's price, he thought he had done his best to the defendant, so he asked the defendant for his opinion with an airs.

The mediation judge is to make both the plaintiff and the defendant feel that he is his benefactor.

At this time, Chen Debing, who had never shown a lawyer's quality, finally showed his edge: "Dear Presiding Judge, our party is willing to bear the responsibility of apologizing, eliminating the impact, and compensate the plaintiff for 200,000 yuan in economic losses."

"What did he say? It's only 200,000?" Ma Hesha looked shocked and looked at Feng Jianxiong, feeling incredible.

Feng Jianxiong's mouth twitched slightly and sneered: "It turns out that I want to give up the early resistance, give the judge a good impression, and then lure the enemy into the fight here. Haha, I roughly know what he wants to say."

He was explaining to Ma Hesha there, and the lawyer Chen on the opposite side had already begun to express his opinions to the judge:

"Dear Presiding Judge, when our parties infringed and abused the promotional materials that the plaintiff had relevant intellectual property rights, they did get some unjust gains.
Chapter completed!