Chapter 390: Suing over such a small matter, how much grievance could there be?
It is not just at the business hall of Nudong Company; if you talk to many people about things like the right to choose or Privacy Rights in other good places, or even online, others will have this reaction.
You talk about the law and I even find it funny...
As an Employee of Nudong Company, Li Xiaojie has received professional training and will not laugh easily.
Unless she cannot help it...
Because many people feel that the law is very far away from us.
If it weren't for the emergence of a handsome guy like A Yi, perhaps many things online, such as defamation or insults, would have already become the norm.
Not to mention in daily life.
There is only one Liangzai Zhou, and there are really not many others who care about the law.
The main thing is that this Wu De used to come to the business hall and make a scene, and they even called the police.
This is the habitual concealment of the parties involved.
No matter who it is, even if this were an Employee of Tengda Company, with the Company as a backer preparing to file a Lawsuit, they would habitually only say good things when recounting the story.
They would not mention at all that they had made a scene many times before.
Li Xiaojie forcibly held back and said, "Mr. Wu, our Company's regulations are all like this. It is really impossible to refund you in cash, and we can only refund the penalty for Breach of Contract. I hope you can understand."
These were all stock phrases; they had said the same thing before.
Li Xiaojie had long been prepared for the other party to start a scene; in any case, if they started a scene, she would call the police.
Manager Zhou nearby had already taken out his mobile phone.
This person had come to cause trouble, and they had already called the police twice.
However, Wu De still did not make a scene, let alone shout loudly; he just said, "But our Civil Code has clear provisions! For a situation like this, I have the right to choose freely!"
"Could it be that your Company's regulations are higher than the Civil Code? Besides, I don't just want the penalty for Breach of Contract; I want that monthly fee as well."
This guy was talking about the law again, and Manager Zhou and the others nearby also felt like laughing a little.
"Mr. Wu, we are just Employees following regulations. Besides, this money itself is not something that should be given to you, you know. It was only given later because you filed a complaint," Li Xiaojie continued.
"Fine, I get it. You mean that you actually don't want to give me the money at all, right? Or that no matter what, you won't give me the money, correct?" Wu De asked.
"Mr. Wu, I don't admit to that. I'm just a worker..."
This time, before Li Xiaojie could finish, she was interrupted by Wu De.
"Then let someone who can make the decisions come and talk. If no one can make the decisions and no one speaks, then I will assume you are not giving it."
Manager Zhou stepped forward and also began to persuade him. Everyone spoke very carefully; after all, everyone has a mobile phone these days. If someone films you and posts it online, taking it out of context, then your career is basically over.
"Alright, no need to persuade me. Before, when the police were called, the police officers also suggested that I take the legal route. Since there is no way to coordinate with you now, I will take the legal route!"
"Now, you still insist on not giving it, right?"
No one spoke, or rather, from Manager Zhou to Li Xiaojie, they all believed he could not possibly file a Lawsuit.
He wasn't a fool, right? Sixty yuan plus seventy-eight yuan, that's only one hundred and thirty-eight yuan. To file a Lawsuit against Nudong Company for this one hundred and thirty-eight yuan?
That is something only a fool would do!
Seeing that no one spoke, Wu De turned and left. Originally, he felt he shouldn't have come, but the two Lawyers, Zhang and Wang, said it was best to make a trip.
Returning to the Company, he handed the previous chat recordings to the Self-Media Studio; this was in preparation for making a Stick Figure Animation.
Seeing Wu De leave, Li Xiaojie and Manager Zhou both breathed a sigh of relief.
They immediately began to greet others; they had seen plenty of people who made empty threats.
But at the very least, in the Jingzhou area, they had truly never seen anyone who would file a Lawsuit against Nudong Company.
It was not just because the matter was too small, but also because of Nudong Company itself; this was completely different from those internet giants.
The nature was different!
Inside the Tengda Company Legal Department, after Zhang Wei and Wang Daoren understood the situation from Wu De, they did not hesitate and began to prepare the Lawsuit.
Nudong Company is a large national-level company, and normally, the ones that have disputes with us individuals are the wholly-owned subsidiaries in various places.
For example, right now, the Defendant on Wang Daoren's Indictment is Nudong Group Handong Co., Ltd.
A subsidiary is an independent legal entity and naturally can serve as a Defendant.
In this situation, don't even think about saying you can go directly to sue the parent group company; that is impossible.
While the two "great Lawyers" here were busy preparing the Lawsuit, on the other side, Zhou Yi was sitting with Fang Dazhuang and mentioned the matter of suing Nudong Company in passing.
"Oh? You want to sue Nudong Company? That's not common!" Fang Dazhuang laughed there.
"I think it's normal. Now that the Company has more and more Litigation, it will definitely clash with such companies," Zhou Yi said.
Jokes aside, compared to internet companies, Nudong Company is on a completely different level.
Corresponding to it are banks, electricity, and so on.
"Fang Dazhuang, what do you think the probability of winning this case is?"
It's not that just because he has support here, he will definitely win once he files a Lawsuit; that's impossible.
There is only one Fang Dazhuang, and he is different from other Lawyers; he won't take every case he sees.
He selects cases and only takes the ones he is interested in.
As of now, the Company has already initiated several dozen instances of Litigation, but the vast majority were settled through Mediation halfway through.
That's how small Lawsuits go; the other party thinks you don't dare to sue, but once you really sue, it's basically Mediation.
As for the remaining cases that went to trial, they didn't all win; some were still lost.
That is what fighting a Lawsuit is; it doesn't mean you are in the right and will definitely win. Fighting a Lawsuit only looks at evidence!
"As for the chances of winning, based on the evidence situation you just mentioned, I can only say the chances are quite high, but specifically, it still depends on the people."
When the evidence cannot directly crush the opponent, then it depends on the level of the Lawyer in the courtroom.
After all, it is a Civil Dispute, not a Criminal Case.
The evidence that Wu De can provide is not small, such as his chat records with customer service, call recordings, text messages notifying the cancellation of the Traffic Package, as well as the records of the monthly rent and the penalty for Breach of Contract paid.
Since the Traffic Package was not agreed to by him, they certainly cannot produce evidence here, so in such a situation, the Reversal of Burden of Proof will apply.
If the other party claims that it was already agreed to by him, then the other party must produce evidence to prove it; at the very least, that is how it is once you reach the Court.
As they chatted, Zhou Yi suddenly thought of another issue.
He took out his phone, found some commercial text messages on it, and then said, "Lawyer Fang, look at these text messages; these must have been sent by their Nudong Company, right?"
Lawyer Fang took a look and said, "That goes without saying, and it's not just these; in fact, there are quite a lot of spam text messages sent by carriers."
Many people might have noticed that many advertising text messages start with the phone prefixes of the relevant carriers.
Do carriers still need to take on advertisements to help with promotion?
That goes without saying; this is all money, who wouldn't want to earn it?
"What, are you looking to get a piece of the action too?" Lawyer Fang joked.
Upon hearing this, Zhou Yi smiled: "That would certainly involve contacting the other party first; if they could just stop sending these spam text messages, then there would be no need to make a big fuss."
"But if they ignore it, or say some nonsense, then we'll see them in Court."
Zhou Yi hadn't taken these commercial text messages seriously before; after all, it was just a text message, so he would just delete it.
It was only after hearing that Wu De seemed to be getting into it with Nudong Company that he realized the commercial text messages on his end also seemed to be an issue!
Indeed, compared to Zhou Yi's other instances of being pedantic, commercial text messages didn't even seem to count as a matter.
Furthermore, at present, sending some commercial text messages and doing some commercial promotion has become a universal phenomenon.
But universality by no means implies that it possesses reasonableness or legality!
This society truly needs some people who are pedantic, to make these high-and-mighty large enterprises have a little bit of hesitation, so they aren't so unscrupulous.
Lawyer Fang didn't have any thoughts on the former; no matter how small the claim, it was still money, and he had already passed that stage.
On the contrary, he was very interested in the latter, which was the problem Zhou Yi had encountered!
Because there are truly too many similar situations now.
Besides carriers, there are major internet Manufacturers, real estate agencies, insurance agencies, and all kinds of companies, in all kinds of situations, that will all carry out promotions via text messages.
To this day, no one would deny that spam text messages have already become an object of annoyance for many people.
It's not that our phone memory can't hold them, but that we find them too annoying, and we can't even delete them fast enough.
This issue was recorded in the middle-to-latter part of Lawyer Fang's notebook; he had already researched it in depth.
However, he certainly wouldn't say it directly; let's wait a bit, there's no rush anyway, and based on his understanding of the Nudong Company here in Handong Province, it would be a miracle if they admitted it.
At the Guangming District Court, the two lawyers, Zhang and Wang, had already arrived with the corresponding materials.
The staff at the Case Filing hall looked at the two of them, then looked at the materials in their hands, and asked with some curiosity: "Suing Nudong Company? That's actually not very common."
If this matter were in a place where the Five Institutes and Four Departments—those universities with deep traditions in politics and law—are located, then it could still be encountered sometimes.
Many enterprises there would become tools for students of political and legal universities to expand their experience.
Anyway, winning is best, and losing doesn't matter; for them, it is a rare opportunity for practice.
The tradition here in Handong is a bit different; Handong University of Political Science and Law is not considered a top-tier political and legal university, so such matters are not very frequent.
Zhang Wei didn't speak, but Wang Daoren smiled and said: "There's no help for it; they are too arrogant, so this can only be done through Litigation to make them feel a little something."
The staff member smiled and didn't speak, beginning to carefully review the corresponding materials.
In fact, many people who have never been to Court always say how difficult it is to file a case; that is not the case.
The greatest difficulty in fighting a Lawsuit is that long waiting time.
We are no longer using the Case Filing review system, but the Case Registration System; generally, if you go to file a case and don't succeed, it's because your materials are not complete enough.
The review at the Case Filing stage is generally a Form Review.
The level of the two "great lawyers" was still quite good; the prepared materials had no surprises and passed the review.
"Alright, Lawyer Wang, the case has been filed here; this is the receipt."
That was no problem; just wait for the other party's reaction. Wang Daoren had already notified Wu De to be careful over these few days and to record any calls from Nudong Company.
A few days passed in a flash.
The contact between Zhou Yi and the Nudong Company customer service had ended before it even began.
The other party directly denied that these text messages were sent by them.
It was just that simple; you say these were sent using your number, and they just say that someone sent them via a "pseudo-base station."
Life is different from the Court; in life, if you ask someone to produce evidence, they will laugh at you for being a fool.
Therefore, Zhou Yi had already decided to have an in-depth chat with Lawyer Fang to see how to handle this matter!
Friday is a wonderful day, and Monday is naturally an unpleasant day.
The headquarters of Handong Province Nudong Company is also located on Shengfu Street in Guangming District, in Building A of the Guomao Building; this is the office building for the entire headquarters Company.
And today, the Company Vice President Hong Yongping arrived at the Company as usual, preparing to start a day's work.
Then she saw that there seemed to be a police officer at the entrance, talking to the Company security guard.
"What's going on?" Hong Yongping asked as she stepped forward.
Seeing this, the security guard hurriedly said: "Hong Zong, it's... it's a Summons from the Guangming District Court, saying that we have been sued."
What? Hong Yongping was stunned.
To be honest, the situations where their Handong Province Company gets sued are truly very rare; it has been a while since the last time they were sued.
So, having received a Summons today, it was reported to her immediately.
It wasn't that there was any problem; the Company's Legal Department wasn't being fed for nothing.
The most important thing now is to clarify what the matter is, to the point that the other party has taken it to Court.
The Copy of the Complaint had Wu De's personal information on it; checking the system, there was a result very quickly.
"So, you're saying that just because of a little over one hundred yuan, the other party sued us? This... isn't this insane!" Hong Yongping said.
"How did their Jingzhou branch handle their work before? Why would it escalate to the Court?"
This is a very important issue; generally speaking, such a trivial matter would never need to reach this point, and if the other party expresses the intention to file a Lawsuit, the Company usually compromises.
Because it is really too small an amount.
"That's not it, Hong Zong, I just checked, and Lao Fan in Jingzhou has already offered a solution, giving the money to the other party in the form of phone credit, but they won't accept it."
"Now they are saying we infringed upon their right to choose."
The right to choose... in daily life, it is an inconspicuous right.
It is basically on the same level as the Right to Know; no one pays it any mind.
But when placed in the context of the law, these are all legal rights!
Hong Yongping also had a bit of a headache; this really felt a bit absurd.
They won't even take phone credit, and now they are bringing up some right to choose.
However, she also understood the situation; the Company's policy is just like that, and it is usually resolved in the form of phone credit.
Now that they suddenly encountered someone who wants cash, there is definitely no way to provide it, and as a result, they ran into a hothead who just went ahead and sued.
The Jingzhou City branch is only a branch and lacks legal personality, so the other party turned around and sued the Handong Province Company.
Is phone credit equal to RMB? Well, of course not, so if others accept it, that is fine, but if they don't, you are in the wrong.
If one day Penguin said they would compensate you with Q-coins, just ask yourself if you would agree.
"Then Hong Zong, what should we do now?"
"Let the Jingzhou City branch solve it themselves; why are they asking me about such a small matter?"
As a Vice President of the Handong Province Company, her rank is not low; if she hadn't happened to run into this matter today, she would never have paid any attention to it.
And so, a few minutes later, Fan Zongjingli of the Jingzhou City branch received a phone call.
"What? We were sued? And the Indictment was seen by Hong Zong? This... alright, I will resolve it immediately."
It really is a disaster out of nowhere; how could they be sued when everything was fine? Just how much of a grievance must there be!
The second update is here.
(End of chapter)
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