Imanishi thought everything was over. When he heard Kitahara talking again, he thought Kitahara was just complaining like a defeated general. After all, in his past decades of court trial experience, he always

I met some lawyers who, even though they were completely defeated during the trial, insisted on being tough and saying words like "objection", "it's not like this", "please ask the chief judge to see clearly" and other ineffective words.

However, when Imanishi saw that Kitahara actually took out a VAT invoice issued by Kawamoto Expressway in an instant, and quickly used the content of this VAT invoice as a basis to refute, Imanishi couldn't help but feel attracted to the young man in front of him.

His reaction speed and courage were shocking.

Imanishi's eyebrows twitched a few times. He admitted that the young man in front of him did have some strength. It is estimated that this young man's arrogant attitude came from his strength. Indeed, Kitahara, as a recent graduate,

It is very good for a 2018 law student to reach this level. Indeed, you have crazy capital. However, just reaching this level is not enough. In the face of absolute strength, this level of counterattack is not enough.

Imanishi straightened his chest slightly, took out a document from the dock behind him, and said loudly: "Chief Judge, issuing a special VAT does not mean anything. As I have explained to the court, Hachioji City Hall

The reform of the road system was temporarily suspended due to public pressure. Therefore, the transfer of property rights of the G227 section of the expressway involved in the case was chaotic for a period of time. Toll booth employees have issued ordinary administrative tolls with Hachioji City Hall as the name.

Invoices, special value-added tax invoices have also been issued in the name of Kawamoto Expressway."

"Therefore, the existence of the invoice does not mean that there is a contractual relationship between Kawamoto Expressway and Terai for the paid use of the road. In fact, the property rights of the G227 section of the expressway involved in the case have always been in the hands of the Hachioji City Hall. The current management of the G227 section of the expressway

The employees are handled by our Kawamoto Expressway through labor dispatch, but our employees obey the management and command of the Hachioji City Hall Road Bureau."

"At the same time, I would like to draw the court's attention. Issuing and filling out invoices requires a certain amount of tax knowledge. Toll gate employees lack this knowledge. Due to the chaos in the road system reform of Hachioji City Hall, they issue administrative toll invoices at one time and then issue administrative toll invoices at another time.

It also mistakenly issued an invoice issued in the name of Kawamoto Expressway. This error in filling in is understandable."

"I also want to ask the chief referee's attention." Imanishi handed the material in his hand to the clerk and the judge, and then displayed the paper in front of the court.

This piece of paper is also a printout of an invoice.

It's just that this invoice is different from the one shown by Kitahara just now.

This invoice is light pink throughout.

The header in the middle of the invoice bears the words: Administrative Fee Invoice.

The issuer printed the words "Hachioji City Hall" instead of the Kawamoto Expressway that appeared in the special value-added tax invoice just now.

Imanishi continued: "This is the latest invoice issued by the G227 section of the expressway involved in the case. Obviously, this is an ordinary invoice for administrative charges. The invoice clearly states that the toll payer is Hachioji City Hall. At present,

As the road system reform of the Hachioji City Hall has stalled, many past reform transitional measures are being corrected, including the issuance of invoices. Now the invoice issuance of the G227 section of the expressway involved has been corrected. Toll gate employees

Special value-added tax invoices issued in the name of Kawamoto Expressway will no longer be issued."

“Therefore, if the plaintiff’s lawyer now re-applies to the highway management for issuance of an invoice, I believe that what will be re-issued this time is an administrative fee invoice with the Hachioji City Hall as the payee, rather than a special value-added tax invoice.”

Imanishi continued to rain down bullets on the young man in the courtroom without mercy.

If it were a previous court hearing, I'm afraid Imanishi would have stopped here. But he can't. Because this trial is related to the approval of Kawamoto Expressway's financing and share expansion, he must do it today - no! Wait! Let the court directly dismiss the case.

.

"Chief Judge," Imanishi continued, "just now the plaintiff's lawyer said that the issuance of the invoice represents the tax authorities' confirmation of the facts of the contract. I would like to remind the plaintiff's lawyer that the invoice in the plaintiff's hand was mistakenly issued by a highway employee. We have already

I applied to the tax bureau for issuance of a red-letter invoice to offset the wrongly issued special value-added tax invoice. If nothing unexpected happens, the tax bureau will declare the original invoice invalid. By then, what validity will the invoice in the plaintiff's hand still have?"

Imanishi raised the printout of the invoice in his hand, and finally said: "The administrative agency's toll collection on highways falls within the scope of special exemption from value-added tax. The administrative fee invoice also represents the tax agency's confirmation of the facts of this case. Then

It is a toll toll relationship, which should be established between Terai and Hachioji City. The defendant in this case is not qualified and does not meet the conditions for prosecution!!"

The last shell was finally poured out.

This is true all-round fire coverage.

Don't leave any room for the other party.

The moment Imanishi finished speaking, everyone in the court couldn't help but fall on the male lawyer on the plaintiff's bench. Even the Kawamoto Expressway's legal team sitting in the gallery couldn't help but give a thumbs up to the young man.

Khan, and were glad that they were working for Kawamoto Expressway. If they had been that young man, standing in court and accepting the fierce attack like torture by Imanishi lawyer, they would have been killed long ago. Although they lost, but

It can be regarded as a glorious defeat.

Miyagawa looked at Kitahara's figure and felt that she was useless. For this battle, she found that she had no strength to participate in it. Kitahara...Kitahara, he had tried his best. Miyagawa lowered his head slightly, holding the pen, and sat blankly.

On the plaintiff's bench.

The court fell into silence for a moment.

Under this terrible silence, every minute and every second passed very slowly.

"I have no comments to add." The voice of the young male lawyer from the plaintiff's side sounded.

Yes...the other side finally surrendered.

Hearing the voice of this young male lawyer, the Kawamoto Expressway team in the dock and the auditorium suddenly breathed a huge sigh of relief, as if they were freed from an endless battle.

The huge sense of oppression brought by that young male lawyer seemed to disappear in an instant.

In an instant, it seemed that even his breathing became a little lighter.

Imanishi showed a victorious smile, straightened his collar and tie, turned around in triumph and walked towards the defendant's seat, preparing to sit down.

Suddenly, there was a sound of turning the pages of a book.

The sound of turning pages was particularly harsh in the somewhat quiet courtroom.

Imanishi turned around and saw Kitahara standing in front of the plaintiff's seat with a serious expression on his face, holding a "Code of Civil Procedure" in his hand and flipping through the pages quickly, as if he was looking for something.

In an instant, this scene seemed so funny against the backdrop of the heated debate just now.

Haha, I came to read the law just before the battle. Imanishi snorted coldly and showed infinite contempt for this young man. Just as he was about to sit down, he heard Kitahara's voice saying: "Huh——?"

A long drawn out question, like a child who is ignorant of the world, asking questions in court, forming an extremely sharp contrast with the serious atmosphere in the court.

The moment Niwa heard this modal word, he couldn't help but burst into laughter. Although Niwa was young, he had known a lot of people in the process of being a reporter. The tone of this long question word was obviously fake. On the surface,

He pretended to be confused, but the long ending contained a bit of sarcasm and ridicule. This bit of sarcasm was amplified by the modal particles that pretended to be doubtful, making it look both funny and funny.

funny.

"Chief Referee, I realize that we both seemed to have made the wrong argument just now." Kitahara turned around with the "Code of Civil Procedure" in his hand and looked at Judge Kumagai on the referee's bench.

This...is this a counterattack?!

The moment Imanishi heard Kitahara speaking, he turned around sharply, his eyes like a falcon, scanning Kitahara sharply in front of him. Could he have a back-up plan? That shouldn't be possible!!! Imanishi's brows jumped sharply again, could it be...

...Does he really have a back-up plan?! This is absolutely impossible!

"Oh? Please speak." Judge Kumagai heard the young male lawyer on the plaintiff's bench say this in the trial bench. His interest became even higher and he showed an even happier expression.

"Lawyer Imanishi is a senior lawyer, so I respect him very much. He just said that a 'qualified defendant' is one of the conditions for prosecution in civil lawsuits, so I didn't even read the law and thought what lawyer Imanishi said was right.

But I just read the Civil Procedure Law, and it doesn’t seem like this.”

Kitahara showed a strange and somewhat cautious smile to Imanishi, "Please pay attention to the original text of Article 319 of the Civil Procedure Law. In the second item about the conditions for prosecution, the Civil Procedure Law says this

'There is a clear defendant'. That is, the defendant in the lawsuit must be clear before the court can accept it. In other words, the Civil Procedure Law only requires that the lawsuit has a 'clear defendant' before it can be accepted. It does not require a 'qualified defendant'. The defendant is qualified.

Whether the case is qualified or not must be left to the substantive stage for trial, and the court cannot directly dismiss the prosecution."

"As for the difference between a 'clear defendant' and a 'qualified defendant', the chief judge please refer to East Law 65 (Civil) Judgment No. 2377. This judgment was issued by the Tokyo High Court. Although this judgment has not been incorporated into the binding

In the precedent book, however, the judgment clearly stated that the "clear defendant" required by the prosecution conditions in the Civil Procedure Law only means that the defendant's information is clear and the specific defendant can be identified, but it does not mean that the defendant must be qualified. The court

The prosecution shall not be dismissed outright on the ground that the defendant is unqualified."

[A qualified defendant is not a condition for prosecution stipulated in the Civil Procedure Law]

[According to the Civil Procedure Law, the conditions for prosecution only require a "clear defendant". For example, if you sue someone to pay back money. As long as you have the person's identity information, the defendant is clear and the court must accept it. As for whether the person is real

The defendant owes money and whether there is someone else who owes the money. These issues are issues of whether the defendant is qualified and not procedural issues. They need to be heard in court before they can be confirmed. The court cannot directly reject it]

Like a "boom" sound.

The battlefield that had been peaceful just now suddenly erupted with a loud bang.

The moment he heard Kitahara's words, Imanishi felt that his whole body seemed to have stiffened. Imanishi knew himself very well. Since his law firm focused on non-litigation business, he had rarely done litigation. He was very familiar with the law.

His sense of law has declined a lot, and he rarely studies the specific laws themselves. But he was still confident before because he believed that the opponent he faced was just an ignorant kid.

However, just when Kitahara read the law seriously and compared every word of the law to confirm Imanishi's proposition, Imanishi panicked.

For the first time in front of this young man, he felt flustered.

It was as if his most hidden weakness had been completely exposed by the young man in front of him.

I... I seem to have really made a mistake.

Imanishi's body trembled slightly. He seemed to have made a mistake. He seemed to have made a mistake in the second item of the Civil Procedure Law regarding the conditions for prosecution.

I was so overconfident that I just understood the legal provisions according to my own assumptions, without consulting the court's precedents and annotations on the legal provisions.

Imanishi opened his mouth slightly, showing an uncontrollable expression and emotion for the first time in court.

"Chief Referee." Kitahara seemed to have noticed Imanishi's embarrassment. He stood forward like a general and pursued the victory. "In addition, regarding the issue of invalidating the invoice of the defendant's agent. I would like to add one more point. Whether the contract is established or not, it must be

Look at the parties’ intentions at the time, not their intentions afterwards. To judge the situation at that time based on their intentions after the fact - that is, to invalidate the invoice afterwards, is obviously to reverse the effect as the cause!"

"Only the intention of the parties at the time is the intention that the court should consider. Just now the defendant used the post-event invoice to be invalid to deny the issuance of the invoice during the event. It is obviously using the post-event intention to infer the intention of the parties at the time of the event. This

This conclusion is obviously wrong! Whether Kawamoto Expressway and Terai have expressed intention to establish a paid use contract can only be inferred from the evidence at the time of the incident, not from the evidence after the fact. The court did not accept the administrative fee invoice submitted by the defendant just now.

Should be considered!”

It sounded like a hammer hitting the ground.

Compared with Imanishi's long speech just now, Kitahara's words seemed concise and concise.

It seems like this is the real final word.

"I have fully understood the opinions of the attorneys on both sides." Judge Kumagai looked at the two lawyers who had just argued with some satisfaction and said with some satisfaction. The argument just held by the lawyers on both sides can be said to be one of the few in Judge Kumagai's court career.
Chapter completed!