On March 17, LegalOne, an internationally renowned legal services rating and research organization, announced that the “133 million yuan creditor subrogation dispute case, the court rejected all of the plaintiff's litigation requests” represented by Xu Ying and Zhang Kai was awarded the LegalOne Merits (exemplary) rating.

Case Introduction

This case is a complex subrogation dispute involving many subjects, factual disputes and legal issues. Plaintiff A, as a creditor, sued three defendants, including B1, B2 and B3, and a third party, C (the debtor), and in the course of the litigation, the court added a number of third parties ex officio.

Appointed by the three defendants, Xu Ying, Zhang Kai lawyers as agents. After accepting the commission, the two lawyers from the litigation request, facts, evidence, legal relationship, argument and other aspects of the detailed study of the case, the formation of multi-layer defense agency program, and according to the litigation situation flexible adjustment strategy. In the end, the court ruled to reject the plaintiff's request for the three defendants to return the purchase price of 133 million yuan and the liquidated damages of more than 0.7 billion yuan, effectively accomplishing the goal of representation. The professionalism and effectiveness of Xu and Zhang were highly recognized and praised by the three clients.

Lawyer's work and case significance

Wide range of legal issues: mainly including the conditions for the establishment of subrogation; the necessity of subrogation, and the allocation of the burden of proof; the interpretation of the object of subrogation, and whether it can be expanded to the right of discharge; the determination of the validity of the contract; the conditions for the establishment of the agency; the right of discharge of the agent; the procedures and methods of exercising the right of discharge of the contract; the determination of the eligibility of the shareholders of the private enterprises in the form of the universal ownership of the enterprise; the eligibility and validity of the transfer of the substantial shareholders in the transfer of the equity; The use of evidence materials of criminal cases in civil litigation; the impact of criminal cases on the statute of limitations of civil cases; the application of the Civil Code to a number of facts in this case, etc.

A major feature of this case is that it involves long and complex facts and many points of legal dispute. After accepting the commission, the agent analyzed the plaintiff's complaint, facts and evidence in detail to form a preliminary understanding of the basic facts of the dispute.

The first step, the agent and the three clients many times face to face communication, detailed understanding of all aspects of the case at the time. During the period, the agent traveled thousands of miles away, to a prison inmate to take evidence. Through the positive and negative aspects of the situation to provide combing, the core facts of the case - sub-debt related facts have a comprehensive understanding.

The second step, on the basis of the first step, the agent of the facts of the favorable points, unfavorable points, repeatedly combing, as far as possible to exhaust the problems, especially the pre-determination of the controversial issues. As in scientific research, in litigation cases, the questions are often more important and more difficult to find than the answers. In order to avoid visual blindness, the agent team of multiple lawyers and trainee lawyers, each independent exploration, and then the discovery of the problem summary comparison, repeated excavation, until the discovery of no new problems.

The third step, on the basis of the first two steps, the problem with the legal norms, and constantly back and forth between the facts and the law, and ultimately form a comprehensive agency program. Agency program is its own attributes, the defendant in this case, the agency program to defend the main, supplemented by offense, in short, face defense, point attack.

This case three times, in civil cases is relatively rare, the first hearing, the court ex officio add a number of third party, which shows the importance of the trial of this case. The agent realized that this complex case will be fiercely exchanged. Before each trial, the agent is rehearsed in advance, from the plaintiff, the defendant, the court role of the three parties to bring in the facts, reasons, and do all the preparatory work. In litigation, there may be many points of contention in court, but there will be core points of contention, and capturing those points of contention will be of great benefit to the agent.