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Chapter 190 Non-competition disputes (3)

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    Lin Ziyao said to He Bing: "Presiding judge, I would like to ask the defendant a few questions to help clarify the facts of the case."

    He Bing nodded and said, "I agree."

    Qin Bo and Chen Shanwei immediately raised their vigilance.

    Lin Ziyao asked: "Defendant, you just said that you provided Company C with an intermediary service of introducing engineers, which is similar to headhunting. Company C also issued a certificate, which is the first evidence submitted by the defendant. Then I would like to ask,  Which engineers did you introduce to Company C?"

    Qin Bo said: "The defendant has just contacted Company C, and has not yet introduced a suitable engineer, and is still looking for it."

    Lin Ziyao asked again: "The defendant acts as a headhunter for c, what kind of remuneration does c company give?"

    It is not a headhunter at all, so naturally he has not discussed the issue of remuneration. Qin Bo is a lawyer, not a headhunter, so naturally he does not know the market of headhunters; Chen Shanwei, who is sitting by the side, is the same as Qin Bo, who is also ignorant about the market of headhunters.

    Qin Bo could only bite the bullet and say a number casually: "C company and the entry engineer each pay half of the monthly salary stated in the labor contract of the defendant engineer."

    He Bing's head tilted slightly to the side, his brows furrowed imperceptibly, and then he immediately let go.

    Lin Ziyao nodded with a smile, and said with a little deep meaning: "It turns out that the salary of headhunters is the same as that of real estate agents."

    Liu Huan couldn't help it for a while, burst out laughing, and felt that he was losing his composure, so he immediately covered his mouth with his hands.

    The expressions of Qin Bo and Chen Shanwei also changed.

    Qin Bo was very experienced, and immediately said seriously: "It is true."

    Lin Ziyao obviously came prepared, and she even said to the judge He Bing in the dock: "The defendant is lying. The defendant insisted that he had not introduced an engineer to company c because he did not work for c company at all.  The company was looking for engineers, but naturally there were no candidates, and the defendant stated in court that he had not found a suitable engineer because of his short entry time."

    Qin Bo immediately interrupted Lin Ziyao, saying: "No, the speculation of the plaintiff's agent has no factual or legal basis. According to the rules of evidence of "whoever claims, he must provide evidence", the defendant has already issued a certificate from company C on the nature of the defendant's work.  , the burden of proof has been fulfilled, the plaintiff has always emphasized that the defendant is working as an engineer in company c, and the plaintiff should provide evidence, instead of the burden of proof for a passive omission because the defendant has not yet found a suitable engineer for company c  to the defendant."

    Lin Ziyao also said: "Company C always uses headhunting company d to find suitable candidates for it, and company C pays headhunting company d. It is not the practice that company C and the engineer pay half of the remuneration as stated by the defendant just now.  From a comprehensive point of view, the factual situation is that the defendant and company d did not discuss the remuneration for the intermediary behavior of engineers, so it is not difficult to infer that the defendant actually did not engage in headhunting work for company c at all."

    He Bing moved slightly, and said: "The plaintiff applied to the court for a witness He Qigang to testify in court within the time limit for presenting evidence. Is the witness present in court today?"

    Lin Ziyao said, "Come to court."

    He Bing said to the clerk: "Go and bring the witness in."

    Chen Shanwei, who had been sitting calmly in the dock, changed his expression when He Qigang entered the courtroom, and immediately bowed his head and whispered to Qin Bo.

    Qin Bo's brows that stretched out couldn't help but wrinkled.

    Lin Ziyao, who was sitting directly opposite, had a panoramic view of Chen Shanwei and Qin Bo's every move.

    "Panic." Lin Ziyao thought to himself.

    He Bing ignored the emotional changes between the plaintiff and the defendant, he asked: "Witness, please tell me your name and occupation."

    He Qigang said: "My name is He Qigang, and I am an employee of company d."

    He Bing said: "Witness, you must state the facts when you testify in court. If you give false testimony, you will bear the corresponding responsibility. If you violate the criminal law, you must be investigated for criminal responsibility according to law. Do you understand?"

    He Qigang, as his name suggests, responded positively: "Understood, I will not tell lies."

    He Bing said: "Both the plaintiff and the defendant can question witnesses."

    Lin Ziyao said: "Witness, do you know the defendant Chen Shanwei?"

    He Qigang glanced at Chen Shanwei.

    However, Chen Shanwei deliberately avoided He Qigang's gaze.

    He Qigang turned to Lin Ziyao and said, "I can't say I know each other, I just met him a few times."

    Lin Ziyao said: "Under what circumstances have you seen it?"

    He Qi just thought about it, and said naturally: "At the beginning of the year, company d planned to purchase a product. During the bidding stage, Chen Shanwei explained and recommended the product on behalf of company c."

    Lin Ziyao asked: "In what capacity is Chen Shanwei promoting products?"??  "

    He Qigang said: "The head of the design and development team."

    Chen Shanwei regretted it. At the beginning, he could not have made recommendations, but he was afraid that his credit would be taken away by other people in the team. Out of greed, he took the risk of making recommendations, thinking that product recommendations were only a small-scale internal  During the meeting, he led the team in company C without anyone noticing, and he didn't expect to cause today's passive situation.

    If you want to have both, you have to pay the price of greed.

    Liu Huan, who was sitting next to Lin Ziyao, showed a satisfied smile. He knew that the lawsuit was settled, but he didn't know why Lin Ziyao invited this witness out at the court stage.

    "Thank you witness, presiding judge, I have no other questions." Lin Ziyao said.

    He Bing looked at Qin Bo and asked, "Does the defendant need to question witnesses?"

    Qin Bo said: "No need."

    He Bing said: "Witnesses leave the court first, but they can't leave until the trial is over and they sign and confirm the transcript of the trial. Wait outside the court first."

    He Bing said: "Do the plaintiff and the defendant have anything to add to the factual part?"

    Qin Bo and Chen Shanwei quickly exchanged glances, and after getting Chen Shanwei's consent, Qin Bo said: "The defendant thinks that the penalty for breach of contract in the non-compete contract is too high, and requests the court to adjust it according to law."

    In litigation practice, if the court believes that the party that must bear the liquidated damages loses the case, but the liquidated damages are too high according to the active review, it will take the initiative to explain in accordance with the law whether the losing party needs to adjust the liquidated damages.  Now Chen Shanwei himself brought it up because He Qigang's appearance in court confirmed the fact that he violated the non-compete agreement and worked in company C. The non-competition damages agreed by Chen Shanwei and company A were three times the annual income, which is 2.4 million.  As far as he was concerned, the previous ten years of hard work were in vain, and Chen Shanwei panicked.

    Lin Ziyao argued: "I do not agree to adjust the liquidated damages. The competition agreement is the expression of the true meaning of the plaintiff and the defendant. The two parties signed the competition contract on an equal basis. The defendant violated the competition contract first, and now proposes to reduce the breach of contract."  Gold is a violation and trampling of the two basic principles of contract freedom and good faith, and the court is requested to order the defendant to pay the plaintiff 2.4 million liquidated damages in accordance with the contract.¡± (Remember the website website: www.hlnovel.com
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