After a while, the presiding judge came back. After a full discussion by the Intermediate Court Trial Committee, he ruled to reject the appeal and uphold the original judgment. The litigation costs shall be borne by Afu Company.
This judgment is final.
After the verdict came out, Lian Yukuan sighed and immediately called Tang Pengcheng who was at the company. Because the trial was not live, the other party was still waiting for news at the company.
Inside Afu's company office, Tang Pengcheng's face turned pale as he listened to the voice on the phone.
"Lawyer Lian, is there nothing we can do? If I really pay out over 10 million, I really won't be able to sustain this."
It’s not that Afu Company doesn’t even have more than 10 million. The main reason is that everyone knows that many companies have a lot of assets, but their cash flow is not particularly abundant.
Some companies even rely on loans, and the debt they owe is so great that they can't be repaid even if they sell the company for several times the amount.
Afu Company could bear the sudden payment of such a large sum of money, but he, Tang Pengcheng, could not.
"We can only apply for a retrial at the High Court." Lian Yukuan said with a wry smile, "But Mr. Tang, I have to tell you first, the cost of a retrial is also quite high, and it's hard to say whether it will be effective."
"What's more, even if we apply for a retrial, the second-instance judgment must be executed first..." This is why we always say that the second-instance judgment is the final judgment system.
You may not be satisfied with the second trial, but you have to follow it, no matter what it says.
As for your application for retrial, the execution will not be involved during the retrial. If the verdict is changed in the retrial, the money previously executed will be returned.
It sounds like taking off your pants to fart, but this is the procedure. The second instance is the final instance and that is the rule. The rest of the applications for retrial and trial supervision, that is, appeal, are counted separately.
Tang Pengcheng's eyes went dark. The second-instance judgment would take effect as soon as it was issued.
If the judgment is not executed within ten days after it is served, the other party can apply for compulsory execution... Afu Company is so big, why is it temporarily transferring funds under such circumstances?
He was definitely charged with the crime of refusing to execute a judgment.
It is sometimes easier to enforce against a visible and tangible company than against an individual because their money is in their account.
If the court really enforced the order, it would be much easier than for ordinary people who had no money at all. There was no other way, absolutely no other way, so Tang Pengcheng decided to resign.
Of course, he didn't know that Attorney Fang was already contacting people in the court.
"Yes, we definitely won. This case can become a classic, and I think it's a good example. I think it should be a guiding case. It should teach many people how to handle things. It's what it is!"
What does it mean to become a classic case? It means that anyone who studies law in the future will take a look at your case.
To know what kind of treatment it is, just search for Brother Long. It is truly first-class.
In reality, the Shenzhen court would have reported the case to the higher authorities without Fang Da-chan's contact. A case of this magnitude could indeed become a benchmark.
Again, the law stipulates that it is not for display. Since it is a punitive compensation measure, it does not make sense to use it whenever you want when the money is small, and to make up all kinds of excuses when the money is large. It certainly cannot be calculated that way.
The two left the court with the ruling. At the same time, the second-instance result of the sky-high claim case had appeared on the Internet.
"The appeal is rejected and the original verdict is upheld!"
As soon as the news came out, those netizens who had been enjoying the news for a while were immediately excited. "Wow, they actually supported the original verdict! This compensation is going to be paid out!"
Some people online began to lament that, "Look, Ayi has been arguing for so long, but it's not as satisfying as a lawsuit." However, someone quickly refuted this.
"Ayi said that the money will be donated. Do you think others are the same as you?"
Naturally, the two sides started arguing, because many people did not think that Ayi would donate the money.
And even if it was donated, it would definitely be a fraud!
We can’t say that people on the Internet like to argue. It’s just that over the years, some people have ruined the donation process.
There are many cases of donation fraud, so people are skeptical of these influencers' claims of donations. However, many people believe that this case truly sets a benchmark, far superior to some places' attempts to smooth things over. For example, there have been cases where the judgment stated that the value and function of a vehicle and its paint can be separated. Even if the paint has flaws, it does not affect the safety and performance of the vehicle, but only affects the appearance of the vehicle and the consumer's psychological perception. Therefore, it is called "partial fraud."
Then it was overturned on appeal...
Why? Because the Court of Appeal clearly stated that there is a line between fraud and non-fraud, and there is no local area of "partial fraud".
Why? Many frauds are local. If a partial fraud occurs, then the protection against fraud in our Consumer Rights Protection Law will lose its meaning.
There were many supporters, but also quite a few opponents, who were heartbroken and believed that this verdict would encourage unhealthy practices and encourage many people to get rich through such means...
Zhou Yi did not comment on this view, because there was really no way to comment on it.
After staying in the hotel for a day, the two returned to Jingzhou. They came here to sue, so they naturally had to go home after the lawsuit was over.
If the other party doesn't comply, then just pick up a random person... No, just send a lawyer over to apply for compulsory execution.
After the lawsuit, Attorney Fang was very excited. It was obvious that he could write a lot more in his notebook.
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