When project payments offset by property were pursued by the developer's bankruptcy team, losing both money and house in the first trial, seeking Zhiming lawyers turned the case around.
Expertise comes from diligence, and success requires hard work. Last year, the client came to us with a case they had completely lost in the first instance; today, we deliver a perfect turnaround victory! Between this stark contrast of defeat and triumph, Zhiming lawyers not only possess specialized skills beyond others but also diligence and innovation.
At that time, Zhenxing Company was already in a losing position after the first trial, facing not only a loss of millions in project payments but also having to return the property used as debt collateral. Under such a crisis of losing both money and land, Zhenxing Company wanted to make a final effort. After continuous inquiries, they learned that Lawyer Wang Tengfeng's team at Guangdong Zhiming Law Firm specializes in complex and difficult cases and has repeatedly helped clients turn defeat into victory. Zhenxing Company saw a glimmer of hope in adversity and came to negotiate with an anxious heart.
This case is not just a typical debt to equity contract, but also involves bankruptcy legal issues. The subject matter involves not only nearly a thousand square meters of land, but also millions of funds and money. In addition, the time span is more than ten years. With various factors intertwined, it can be said to be very complex, and it is not easy to find a perfect solution. Lawyer Wang Tengfeng carefully reviewed the first instance verdict, his expression becoming even more solemn. Just as the parties thought their hopes were about to be shattered, Lawyer Wang spoke up and said, '; This case was a first instance error! It shouldn't have been fought like this, and it shouldn't have been judged like this! ” The parties involved seemed to have returned to the ground from an abyss and were immediately overjoyed, expressing:; As long as you accept, we will fully cooperate! I'll leave the rest to you guys! ” After taking on the case, Lawyer Wang quickly led Lawyer Cao Guanghui and Lawyer Peng Jiong to list all the errors in the previous trial, identify the corresponding legal provisions, and transform these issues into our advantageous points. After the unremitting efforts of the entire team, the second instance debate plan has been formed. However, Lawyer Wang, who strives for perfection, still believes that this plan has shortcomings. He used the lawsuit for literary rights protection to add and modify to the original plan until he was finally satisfied.
At the second-instance trial, as expected, the opposing party and their lawyer believed that winning the first instance guaranteed victory, so they stuck to their old strategy. However, our side presented entirely different arguments: even if the opposing party is facing bankruptcy proceedings, this cannot revoke an agreement that was fully performed a decade ago. Otherwise, where is good faith? Where is fairness and justice? Under the continuous assault of our innovative thinking, the rigid opposing party quickly crumbled. It is worth noting that after the trial, Lawyer Wang personally wrote a "Supplementary Agency Opinion" detailing the adverse consequences of the first-instance erroneous judgment. It stated: "The erroneous first-instance judgment not only severely violates the cardinal principles of fairness, justice, and good faith but also leads to more severe social disputes, potentially causing social conflicts to intensify and destabilize. This not only contradicts the spirit of bankruptcy law but also runs counter to the original goal of supporting the government in resolving disputes and conflicts through debt-to-property arrangements. The erroneous first-instance judgment undermines the rule of law and stability and must be corrected according to the law." Heaven rewards the diligent; our side obtained this hard-won victory judgment, and the client's anxious heart finally settled.
This case is one of the excellent examples that demonstrates the miraculous effect of literary and artistic rights protection litigation. Not only is there a sharp contrast in the judgment results, but also a completely different method of debate, which shows that in the litigation of literary and artistic rights protection, every aspect from a positive attitude, enterprising consciousness, innovative spirit to associative logic is indispensable. Its charm lies in its ability to change the disadvantageous situation of the parties involved, enhance the professional ability and image of lawyers, and effectively assist judicial organs in making high-quality judgments, thereby maintaining social fairness, justice, and the spirit of the rule of law. It can be said to be a win-win situation!