The opening account was stolen, and the backhand recharged 100 million

"Well, Fang Dazhuang, good morning, are you sure about today?" Zhou Yi joked.

Fang Dazhuang turned his head and glanced at him and said, "Are you sure in front of me?"

Shaking his head, he looked at the court in front of him again: "Do you know what a hand grip is?"

Well, I didn't need to make this joke, and he played it again, and Zhou Xinran in the back has become a little girl in seconds.

"Go in, hey, lawyer Huo, here we come."

But Fang Dazhuang was about to call him in when he suddenly called out.

Lawyer Huo?Is it Fang Daxiang's opponent?

Zhou Yi turned his head and saw a middle-aged lawyer with thick black hair walking over, wearing black-rimmed glasses and also carrying a messenger bag.

It's just that I didn't see Mr. Zhao.

This is also normal. If many companies are involved in litigation, the boss will not come to the court.

Zhou Yi knew it at a glance, this lawyer Huo must not be as tall as Fang Da, look at that hair, how can there be a strong man who is not bald!

After being called out, Huo Pengfei immediately saw Fang's big shape, took two steps and stretched out his hand and said, "Mr. Fang, good morning. Please give me your advice today."

Huo Pengfei is a typical traditional lawyer. He won't feel anything because of Fang Daxiang's big name, but in front of the other party, he should have a lot of courtesy.

Not to mention that the other party is a senior in this field, the main reason is that the other party has been a visiting professor in Handong Political Science and Law for many years. It seems that he, Huo Pengfei, has also listened to Fang Daxiang's lectures.

So etiquette must not be lacking in this aspect.

"Hey, what advice are you talking about?" Fang Dazhuang smiled happily: "You are right in what you said. Our business relies on real materials, not fame."

He has never been superstitious about authority, even if he is an authority now, he can scold him whenever he should!

The court was about to start, and everyone didn't say much, and soon they all entered the court. Zhou Yi, who was familiar with the Second Civil Court, had already walked to the agent and sat down with ease, which made people feel distressed.

His parents are the real plaintiffs in this case, and Zhou Yi and Fang Dazhuang are attorneys ad litem.

As stipulated in the Civil Procedure Law, close relatives may act as representatives.

Not long after, Li Xusheng walked in with a sullen face, Zhou Yi looked up, you are the only judge in the civil court of Guangming District Court?

The production team's... can't be used so tightly.

Li Xusheng looked at Zhou Yi expressionlessly, the recent incidents were a little less than before, and the overtime was not that serious, thank God, at least he could have a good rest.

Although it is said that judges also need performance, a guy suddenly appeared and gave you a year's performance within a month. Do you think you will hate him, or do you hate him?

Thinking of the overtime work during the cyberbullying incident last month, it was really painful.

"Okay, now the court begins!"

Both parties have confirmed their rejection of mediation.

The presiding judge is Li Xusheng, next to him are judges and people's assessors, this is a standard collegial panel.

As for the previous trial where only Lao Li was in court, it went through the summary procedure.

After the routine procedures, the stage of proof and cross-examination began.

According to the principle of whoever advocates, he must provide evidence, Fang Dazhuang naturally began to present evidence.

In Zhou Yi's case, besides evidence such as the company's domicile and the company's legal representative, there are a few main pieces of evidence, such as the contract, video and audio evidence taken by Zhou's father and mother in the car, shopping stores and other places.

And at the very beginning, the words of the salesperson Zhou Xiaoxiao during the publicity.

To be honest, Huo Pengfei had already prepared these evidences, such as the contract.

"There is no objection to its authenticity, but there is an objection to the probative force. This contract does not clearly stipulate that the group is not allowed to shop, and there is no agreement on the liability for breach of contract of the relevant parties. Therefore, it is impossible to prove that there is consumption in this tour group. Fraudulent conduct."

There are two directions for his defense. One is the contract itself. As Zhou Xinran saw it before, the contract is not very complicated.

It mentioned the pure play group, but Huo Pengfei focused on the agreement between the two parties, and did not say that he would not go to the shopping store. This was the key point.

The second is the video evidence.

To be honest, there are not so strict requirements for civil evidence in our country, or the means of obtaining evidence.

This involves the theory of the fruit of the poisonous tree in the West. Can the fruit of the poisonous tree be eaten?

However, our country does not have a one-size-fits-all approach to this aspect. For example, if you obtain video evidence by secretly taking pictures, the judge will not directly deny it to you.

It's just that Huo Pengfei can still use this reason to cross-examine and refute.

These videos of yours were all secretly shot, so there is a problem with the power of proof.

Then, because of your parents’ sneak shots, the tour guide insulted you.

Therefore, you claim that the compensation for mental damage should go to the tour guide, and the defendant is not qualified.

Huo Pengfei had prepared all these evidences, but what caught him off guard was an evidence submitted by Fang Dazhuang on the last day of the proof deadline.

That is the sales record and evaluation of "Xingtianxia" travel agency on a third-party platform.

Today's travel agencies basically have online stores, Xing Tianxia was originally what Zhou Yi's parents saw on the Internet.

In the past, Xingtianxia Travel Agency naturally sold a lot of pure play groups, and consumers were naturally upset when the pure play groups were taken to shopping.

It's just that there are not many people who are as tough as Zhou Yi. At most, everyone will leave a bad review on that platform.

It is said that this is a pure play group and you have to go shopping...

In fact, a simple bad review is nothing, the key is that the evidence shows that the platform certified as the account of the Xingtianxia merchant replied, I am deeply sorry, and then said that there is no forced shopping behavior now.

Yes there is no forced shopping, it's just that you can't leave when someone else is shopping...

There are many similar comments, and Fang Daxiang found them all.

Then Huo Pengfei became a bit of a Muggle.

After presenting and cross-examining the evidence one by one, Zhou Yi was delighted to see it. Compared with Zhou Cainiao, this lawyer Huo really has two brushes.

Then came the court debate.

The main issue of the debate was whether the travel agency's behavior towards Zhou Yi's parents constituted consumption fraud!

This is the key to deciding whether to "refund one and pay three".

"Tourism contracts are mixed contracts based on tourism products, and a tourism product itself involves many service providers. In this case, when our operators provide consumer services for pure play groups, they are not subjective. fraudulent intent."

"The reason for the shopping behavior is that there is a problem with the service of the local agency, which is beyond the expectation of our operators. Therefore, there is no consumption fraud."

Huo Pengfei said there.

The four constituent elements of consumption fraud, the first is that the operator must have a fraudulent intention on the subjective side, the second is that there must be fraudulent behavior, the third is that consumers have fallen into wrong judgments due to the operator's behavior, and the fourth is consumption. The author expressed his will based on a wrong judgment.

In human terms, I want to lie to you, and I acted to lie to you, but you were deceived by me.

Many times when we buy things online, we buy fake products. Why is it not true to advocate refunding one and compensating three? The reason is very simple. You need to prove that the online merchant is trying to lie to you.

This is when previous evidence comes into play.

Fang Dazhuang said: "From the previous evaluation and reply of the third-party travel platform, Xingtianxia Travel Agency is very clear that there are shopping situations in the pure play group, and it did not explain it when it sold the pure play group, so It can be ascertained that the travel agency has fraudulent intentions subjectively!"

"In addition, from the cursing words of the tour guide, it can be determined that the other party's insulting behavior was because our client did not shop. This insulting behavior continued to approach Yifen, which seriously damaged our client's personality rights."

The ability of well-known cases has never been reflected in the court at this time.

Just watching the court trial, many people will have a feeling of "I can do it if I go up", don't they just read it, who can't.

But Zhou Yi could also tell that this Huo Pengfei was still working hard.

It's a pity that when there are problems with the key evidence, no matter how eloquent they are, the words of the debate feel like empty words.

In the auditorium, Aunt Su kept memorizing it in a notebook. This is a classic interpretation method!

Finally, the court debate ended, Li Xusheng announced an adjournment, and the collegial panel began to deliberate.

About half an hour later, the court reconvened, and the collegial panel pronounced the verdict in court!

"This court holds that...according to the Law on the Protection of Consumer Rights and Interests, the Civil Code...the judgment is as follows:"

The refund of the tour fee of 4 yuan, plus triple compensation and compensation for mental damage, is more than [-] yuan, which is not a lot.

This made Fang Dazhuang feel a little surprised, because according to his original experience, the evidence on his side is actually not a complete chain of evidence for this type of eucalyptus.

Therefore, discretionary judgments are generally made. Remember the word discretion, which is a manifestation of the judge's discretion, especially when there is no specific calculation of the amount.

But it's not bad, it's better than expected, this case is finally finished, compensation for breach of contract and compensation for mental damage, this is the application of the new civil code!

After the verdict came out, Huo Pengfei made a phone call and immediately appealed in court!

Whether to file an appeal is someone else's right. Zhou Yi won't say much, but with the first-instance verdict and the previous materials, he can already make his own decision!

This video will be a bit long, and I don't know what kind of impact it will have. Zhou Yi is looking forward to it.

In this incident, Zhou Yi was just a soy saucer, and the lead actor was Mr. Zhao!

By the evening, the company had sent over the cut samples.

After knocking on the microphone, Zhou Yi started dubbing!

"Hello, dear viewers, I am your old friend Ayi..."

－－－－－－off topic－－－－－

This morning's sore throat chapter, good morning everyone, it's really wrong to ask for leave yesterday

Thank you h, ar, the driver who never drives, the person who waits for the dark, and another novice, thank you for your rewards, today is a wave of explosions.

Chapter 225 Can You Do More Such Crazy Things

"This time the video will be a bit longer because there's so much going on in that time."

"I sued, the travel agency hired a lawyer to contact us for mediation..."

Accompanied by this voice, the scene that appeared in the video was the scene of the mediation between the two parties at the travel agency. Not surprisingly, the court has not yet started, and Fang Daxiang has already won a blood.

"To be honest, I really don't know about the counterfeit lawyer. There are still people doing this these days, but it's a pity that he met Fang Dazhuang, but he only squatted for ten days, sprinkled water. "

Speaking of it, Lao Huang is really miserable. He didn't make any money, and he was detained and fined.

"Then, there is that article. To be honest, I was a little surprised when I saw that article. Now there are still people on the Internet who dare to write my little composition?"

"However, after reading the article, I found that the article is a bit interesting. It's exaggerated. Although art is higher than life, it can't be too high."

"Why don't you dare to attack the local agency, why the boss is too miserable, and some people even say in the comments, if you dare not attack the industry, you are nothing. To be honest, I have always been a very peaceful person. "

"So I really didn't dare to do anything. I'm just an ordinary up owner who relied on my own hard work to get to the present, so I gave a benefit to the company's employees."

Yes, everyone, don’t get me wrong, I’m just giving benefits, and I don’t have any other ideas. If you talk nonsense, be careful, I will sue you for defamation!

"Maybe it's a coincidence, who knows, anyway, the travel agencies chosen by more than 100 people in the company are different, but, everyone is a pure play group, of course, there are also quality groups and the like."

"But the result was a bit beyond my expectations."

Speaking of which, the content of the video has already reached the fixed video evidence of the employees. Where mosaics should be mosaiced, mosaics have been mosaiced, and a few of the most typical representatives have been selected.

"I thought that the current pure play group should not have any shopping at all, but I didn't expect that under the banner of pure play group, they would still enter the store!"

"Some travel agencies even regard places like the Emerald Store as scenic spots!"

Really, Zhou Yi was stunned when he saw it, how could he still play like this?

We are just a fun group, the Jade Store is the attraction, and we didn't force you to shop, there's nothing wrong with it.

It sounds like there is nothing wrong with this, and some of the situations that Zhou Yi’s employees encountered this time are like this. They really didn’t force you to shop, you can buy it or not.

However, those stores are a must-see...

For example, if you want to go to this store for two hours, you must stay here for two hours. Some are allowed to rest in the car, and some are not allowed in the car. You have to get off. You can do whatever you want, but for two hours, No less than 1 minute.

You see, there is no coercion.

Of course, there are still some tour guides who are eccentric. After all, there are so many people.

"Seeing if everyone here has any ideas, are these travel agencies trying to sell dog meat, so our employees directly reported these behaviors!"

The Market Supervision Bureau and the Tourism Bureau on the Jingzhou City side, and the relevant departments on the Hannan Province side.

These are all everyone's personal thoughts, and he, Zhou Yi, has never said anything.

"Of course, it seems that some people still choose to sue, so I don't know. This is all spontaneous behavior of everyone. As the boss, it is impossible for me to prevent everyone from going to court, right?"

"Then it's my lawsuit. The first-instance judgment of my lawsuit has come down. To be honest, the lawyer on the other side is really a serious lawyer this time, and he has some skills."