novelones Chapter 118 Additional Litigation
Chapter 118 Additional Litigation
Pre-trial mediation did not make any progress as expected, and both parties entered the trial stage.
Aoyama Law Firm submitted a large amount of detailed evidence on behalf of the Chinese side. Representatives from the Legal Department of Japan Railway Co., Ltd. who responded hastily responded point by point. The first trial ended in fierce arguments between the two parties, but anyone with a discerning eye could see that the Japanese side’s argument was pale. Powerless, almost always picking out words and playing word games.
After the court hearing, Harada Koki's face was ashen and representatives from Japan Railway's Legal Department left in a hurry without accepting any interviews with the media.
In fact, it doesn't matter whether Koki Harada accepts the interview or not. Yang Mo has already prepared several sets of press releases for them: "Nippon Steel Corporation has a tough attitude and has no intention of rectification and reconciliation", "Nippon Steel Corporation has finally lowered their high expectations." 's head"...
In the Internet era, such press releases are overwhelming. No matter what you do, they can lead you to the rhythm. This is also the reason why Yang Mo acquired a small newspaper in advance. The Tokyo Daily Economic Express, which does not take profit as its ultimate goal, usually does not have to pay for three buckets of rice. Zhenyao has gradually become an opinion leader.
Yang Mo has only one request for the Tokyo Daily Economic News: to create a regular readership, accumulate loyal fans, tell the truth throughout his life, and help Zhiyuan set the pace at critical moments.
The victory in the first battle did not make everyone underestimate the enemy, especially Liao Tingxuan. He knew that Donghai Steel Plant could not afford to lose. Once it lost the case, Japan Steel Co., Ltd. would immediately require China to pay for the equipment in accordance with the contract. The gap in China's foreign exchange reserves would be difficult to make up in the short term. It’s hard to estimate what kind of chain reaction it will cause!
"Lawyer Lin, what do you think is our best chance of winning this time?" Liao Tingxuan asked this for the third time during the meal.
"Director Liao! As long as you can withstand the pressure from the country, I can guarantee that the final result will probably far exceed your expectations!" Yang Mo rushed to answer.
He couldn't let Liao Tingxuan get discouraged first. What the Japanese are best at is making moves outside the game.
"Pressure from the country?" Liao Tingxuan asked thoughtfully.
As expected by Yang Mo, both the Foreign Trade and Economic Cooperation Bureau and the Foreign Affairs Office received pressure from the Japanese Embassy. Among the senior leaders, the idea of taking it easy and taking the overall situation into consideration became more and more dominant. Even the leaders who originally supported Liao Tingxuan, I was also shaken in my heart. After all, no one can bear the responsibility of losing the lawsuit.
Liao Tingxuan is facing unprecedented pressure, and the Japanese side is obviously aware of this. The conditions for reconciliation are becoming increasingly harsh. Koki Harada, an old devil, even threatened to launch a countersuit, suing China for infringement of reputation rights and deliberately delaying the payment deadline.
Three days before the second trial begins.On behalf of China, Aoyama Law Firm submitted an application to the Tokyo District Court, requesting that the trial site be opened to the public to hear the Japan Railway Co., Ltd. commercial fraud case and accept media supervision.
China's request for a public trial was flatly rejected by Japan Railways.
Lin Mishan argued hard and stated to the court the reasons for requesting a public trial. According to the Japanese Constitution, in cases that do not involve state secrets, personal privacy, or the defendant is over [-] years old, in order to pursue the principle of fairness, justice and openness, the plaintiff has The right to request a public hearing.
The Tokyo District Court had to accept China’s request.However, Harada Koki once again categorically rejected China's reasonable request because the commercial infringement case involved the commercial secrets of Nippon Steel Corporation.
The two sides failed to reach a consensus and the second trial had to be postponed.
On the same day, Tokyo Daily Economic Express published an exclusive interview: Refuse to open the trial!What are Japan Railways worried about?
With this wave of rhythm, even the Western media began to follow suit. The media in the lighthouse countries even published more harsh commentator articles: The so-called trade secrets are just the emperor's new clothes...
Faced with the intervention of public opinion, the Tokyo District Court remained unmoved, accepted Japan Railway's application, and decided not to conduct a public hearing.
The second trial was held in this strange atmosphere.
The court first announced in court the reason why the commercial infringement case would not be heard in public: Japan believed that the sales price and various technical parameters of the complete production line involved commercial secrets.
However, China has not gained nothing. According to Japan's constitution, in cases where it unilaterally refuses to hear the case in public, the judgment must be pronounced in public.
Lin Jianshan first filed an additional lawsuit on behalf of China, accusing Japan Railways of commercial discrimination. The sales prices of the same set of production lines differed by as much as 18%, which has long exceeded the scope of normal commercial negotiation methods.
Although Harada Koki noticed something was wrong, he still denied it flatly: "No, this is absolutely impossible! Nippon Steel Corporation treats all customers around the world equally."
Lin Jianshan took out a document bag and handed it to the court staff, and then said: "Your Excellency, the presiding judge! Here are two 1200-ton complete production line design master drawings and signing contracts, one of which was signed between us and Nippon Steel Co., Ltd. , and the other is a draft sales contract signed between Japan Railways and a West German company more than a month ago. The total price difference is as high as 18 billion US dollars. This behavior of the Japanese side has seriously violated our legitimate rights and interests. They are using the information illegally. Symmetrical convenience harms the interests of developing countries and constitutes serious commercial fraud and commercial discrimination!"
Without waiting for the Japanese side to refute, Lin Jianshan took out another tape and continued: "Your Excellency, this is the last recording of negotiations between the Japanese negotiating team and our side. The remarks of the Japanese staff are not only suspected of commercial discrimination, but even Involving serious racial discrimination..."
Koki Harada wiped the cold sweat from his forehead. He was very glad that the court finally accepted Nippon Steel's application and decided not to open the trial. Otherwise, the chain of evidence thrown by China would be enough to make Nippon Steel Co., Ltd. infamous.
Harada Koki defended: "This was just a slip of the tongue by an ordinary staff member. Nippon Railway has already punished him for his inappropriate remarks and suspended him from all work!"
"No, this staff member's remarks are not accidental. This is the corporate culture brought about by your long-term business discrimination of Nippon Steel Co., Ltd. You give different quotations to different users. In your eyes, customers are divided into different categories. Nonsense!" Lin Jianshan retorted loudly.
"Your Excellency, the presiding judge! We suspect that the complete production line sales contract provided by China was obtained through illegal means! It cannot be used as a basis for the court to adopt it!" Nippon Steel Legal and Harada Koki exchanged a few words in a low voice before standing up.
"Plaintiff's attorney! You need to provide a legal way to obtain the sales contract, otherwise it will affect the court's acceptance!" The presiding judge nodded and said.
Lin Jianshan argued with reason: "Your Excellency, the way to obtain the sales contract is completely legal, and its authenticity is well documented. To protect the whistleblower, we cannot provide the source of the acquisition to the court!"