Rebirth of the Industrial Tycoon - Vol 2 Chapter 455

Chapter 455 does not leave you a way to survive!

If the case is still in the mediation stage, the plaintiff can withdraw the case at any time.

But when the case enters the trial stage, and until the verdict is announced, if the plaintiff wants to withdraw the lawsuit, it must apply to the court and be approved by the court.

So if the Komatsu Group wants to withdraw the lawsuit, it must apply to the court to withdraw the lawsuit. But this kind of withdrawal application is not 100% approved.

Because according to the law, there is one additional condition in the application for withdrawal of a lawsuit, that is, the withdrawal of a lawsuit must not infringe the legitimate interests of the state, the collective or other people.

This is just an intellectual property case, which does not involve infringement of national interests, but it may infringe the interests of the Beverly Project. Before making a ruling, the court will inevitably seek the opinions of the Beverly Project.

If the Beverly Project rejects the case on the grounds that the withdrawal will infringe on its own interests, the court will also reject the Komatsu Group’s application for withdrawal in accordance with the law.

Therefore, if the Komatsu Group wants to successfully withdraw the lawsuit, it needs to reach a consensus with Fukang Engineering.

Yang Xin had to meet with the attorney representing Fukang Engineering to discuss the conditions for withdrawal of the lawsuit.

In fact, at this time, it is very passive to discuss the conditions for withdrawal of the case. The plaintiff will withdraw the case just after the two parties have exchanged evidence. It is clear that they know that they cannot win the lawsuit, and the other’s attorney has not yet opened the number!

However, if you don’t withdraw the lawsuit at this time, you will be more passive if you wait for the evidence to show up and lose the lawsuit.

So Yang Xin is also mentally prepared to wait for Beverly Engineering’s representative lawyers to ask for prices.

I only listened to the representative lawyer of Beverly Engineering and said: “You have decided to withdraw the lawsuit, and we support it. This can save us both precious time, litigation costs, and the country’s judicial resources. Of course, we also have two points. Require.

First of all, regarding the costs of case trial, as well as our lawyer’s agency fees, travel expenses, printing expenses, transportation expenses, communication expenses, investigation and evidence collection expenses and other necessary expenses incurred during the litigation process, I hope you will bear them. ”

Yang Xin nodded: “As long as it is a reasonable and legal fee, we will bear it, but you need to provide the corresponding list of expenses and invoices, and we will also audit the expenses.”

To fight a lawsuit, attorney fees are not a small burden for the parties. Many people win the lawsuit. After calculating the attorney fees, they find that they are losing money. Even losing money is more cost-effective than hiring a lawyer. This is somewhat unfair to the rational party.

Therefore, the losing party bears the winning party’s attorney’s fees.

There are also special laws in China regarding the losing party’s attorney fees for the winning party.

For example, in legal aid cases, the necessary expenses such as travel expenses, transportation expenses, printing expenses, and evidence collection expenses incurred by legal aid personnel in handling the case shall be borne by the unaided party who loses the case.

As another example, in contract dispute cases, the attorney’s agency fee paid by the bondholder to exercise the right of cancellation is borne by the debtor.

In an arbitration case, the arbitration tribunal can rule that the losing party should pay the winning party. The reasonable fees indicated for the handling of the case also include the attorney’s agency fee.

In intellectual property cases, the country’s “Copyright Law” and “Anti-Unfair Competition Law” also stipulate that the winning party may require the losing party to bear reasonable attorney fees.

This is also to avoid malicious use of patent and trademark infringement to initiate unfair competition against competitors.

Now that the Komatsu Group proposes to withdraw the lawsuit, it is equivalent to admitting that it has lost the lawsuit. It is also appropriate to bear the attorney’s agency fees and corresponding expenses in accordance with the loss of the lawsuit.

The requirements of the Beverly Project were completely within Yang Xin’s expectation, and he did not refuse.

Fukang Engineering’s attorney went on to say: “Our second request is to hope that the Komatsu Group will apologize publicly.”

“No!” Yang Xin immediately shook his head: “We can’t agree to this request! If you publicly apologize, it will damage my client’s reputation!”

For a company as large as the Komatsu Group, public apology will indeed affect the reputation of the company.

Furthermore, Japanese companies have always liked to conceal their mistakes. As long as the scandal is not revealed, they will never apologize.

Before coming, Sakamoto Shota gave Yang Xin the bottom line of the negotiation, that is, money can be given, but an apology is definitely not good.

The attorney of the Fukang Project smiled slightly, and secretly said in his heart that it was indeed expected by Chairman Li. The Komatsu Group was happy to lose money, but was unwilling to apologize.

and the attorney representing Beverly Engineering said, “It’s okay to apologize privately, then we will lower some of the conditions. Komatsu Group needs to make a written apology to my client, such as writing an apology letter.”

Yang Xin thought for a moment, and still shook his head: “A written apology won’t work either.”

“Then how do you plan to apologize?” the lawyer of Beverly Engineering asked.

“My agent will not apologize in any form.” Yang Xin replied.

“Then let’s see you in court!” The lawyer of Beverly Engineering continued: “If the court verifies that we win the case, the possibility of counterclaims will not be ruled out. If an apology cannot be exchanged for negotiation, we don’t mind using legal means to fight for lawfulness. rights and interests.”

Yang Xin certainly didn’t want to go to court again, so he just took a step back and said, “Although my client cannot apologize, he can apologize to Beverly Engineering!”

There is a difference between an apology and an apology.

Apologizing is to admit one’s mistakes to others, and hope to get the other’s understanding and forgiveness, and this also means admitting that you have made inappropriate or harmful words and deeds.

Apologizing means to express regret and anxiety, but it does not mean that you have made a mistake, nor does it mean that you have made inappropriate or harmful words and actions.

We often see public figures or companies that make mistakes and publish apology letters or statements of apology.

In terms of the meaning of words alone, this so-called “apology” is only an expression of sadness in the heart, rather than admitting that you have made a mistake. It is insincere.

For example, a multinational company did something that hurt the feelings of the Chinese people, and then they issued an apology statement, saying how much they value the Chinese market, how much they value Chinese consumers, and how they will improve in the future, and so on.

If there is no word “apology” throughout the article, then what they actually mean is that I feel sad, and I feel uneasy, so I will say an excuseme to you politely.

Anyone who knows a little English knows that excuseme and sorry are completely different.

In Japanese culture, apology is an indispensable and ubiquitous thing every day.

For example, Japanese people often put “Smimasai” on their lips. This sentence translates to a contrasting meaning.

However, when Japanese people eat in restaurants, they call the waiter to add the phrase “Simi Masai”; when they go to the supermarket to check out, they must add the phrase “Simi Masai”; when they meet strangers in the elevator, they sometimes add the phrase “Simi Masai”.

In Japanese culture, if you cause trouble to others, you have to apologize. Even if it is trivial, you have to “Smimasai”.

So for Japanese companies, an apology letter is absolutely impossible, but they can accept an apology letter. After all, they are constantly apologizing every day. Writing an apology letter is just a normal daily behavior.

Hearing that the Komatsu Group was only willing to give an apology letter, the attorney of Fukang Engineering couldn’t help smiling.

“I guessed it again by Chairman Li!”

…

With the help of Li Weidong secretly, the Komatsu Group took the initiative to withdraw the lawsuit, and the news of the letter of apology spread like wildfire.

Twenty years later, people can’t tell the difference between an apology letter and an apology letter, and people at that time can’t tell the difference even more.

Ordinary people only feel that since the Komatsu Group took the initiative to withdraw the lawsuit and wrote an apology letter, it must be the Komatsu Group’s mistake. This also shows that the Beverly Project did not infringe the Komatsu Group’s intellectual property rights.

In addition, Komatsu Group admits that the FK501 excavator of Beverly has reached the world’s advanced level, so in the next few days, more than ten waves of customers will come to Beverly Engineering to negotiate and purchase excavators.

Buy the world’s advanced equipment with domestic prices. This kind of good thing is definitely not to be missed.

This is also the reason why Li Weidong insists on filing a lawsuit with the Komatsu Group. Li Weidong wants to use the mouth of the Komatsu Group to promote the performance of Beverly’s excavators.

In the domestic construction machinery industry, some are large enterprises. In the mid-1990s, either state-owned enterprises or restructuring of state-owned enterprises were involved in this industry.

Although the technology of these large companies is not as good as that of developed countries such as Europe, America and Japan, they are still very good in the country. More importantly, the larger the company, the easier it is to enjoy policy support every month, which is not available to small companies. Advantage.

In the case of private enterprises, no matter whether it is capital or technology, it is not enough to make construction machinery.

Li Weidong is considered to be an outlier, relying on his status as a private enterprise to do construction machinery, but he is also the only outlier.

In the industry, Li Weidong’s Beverly Project can only be regarded as a small enterprise, and the competitors he faces are basically large provincial enterprises, and occasionally there are state-level giants that existed in the early days of the founding of the People’s Republic of China.

Small companies like the Beverly Project want to compete with large companies. It is definitely not enough for Wang Po to sell melons and boast. Even if Li Weidong brags about his products no matter how powerful they are, customers are unwilling to believe it.

The reputation of construction machinery is slowly accumulating. The established large enterprises have accumulated their own reputation in the past few decades. For this alone, it will take at least seven or eight years for Li Weidong to catch up. Go up.

So Li Weidong can only find another way and use the mouth of Komatsu Group to promote his products.

When I say my product is good, customers will think this is bragging and will not believe it.

But even foreigners say yes, don’t customers still believe it? After all, in the cognition of that era, the moon in foreign countries had to be rounder.

What’s more, this good foreigner is the Komatsu Group, the world’s top company in this industry.

The same word “good” comes out of the Komatsu Group’s mouth, which is more effective than any advertisement.

Fukang Engineering, a little-known brand, has instantly become a top-line excavator brand in China!

…

In a box of a luxury hotel, Ding Youliang was holding a wine glass and toasting to the fat man next to him with a flat face.

“President Su, please take care of us for the excavator order this time!” Ding Youliang said. He came to pay respect and poured all the wine into his stomach.

The scorching sensation brought by the white wine stimulated Ding Youliang’s taste buds. He couldn’t help but want to cough, but in the end he forcibly endured it. This business is about a critical moment and must not leave a bad impression on the other party.

However, President Su on the opposite side only took a small sip. This is not a good phenomenon in Ding Youliang’s eyes.

Only listen to Mr. Su’s opening: “This time, our city construction company is responsible for the construction of the coastal road project in Donglai City, and we do plan to purchase a batch of excavators for the construction of the coastal road.

However, our Donglai City has many hills and uneven terrain, and the coastal areas have more complex topography, with deposited sea sand and hard reefs, and the rising and falling tides of the sea will also affect the construction machinery. .

Generally speaking, the difficulty of constructing such coastal roads is much greater than that of constructing roads in inland areas. Therefore, our requirements for construction machinery are relatively strict.

So we still plan to buy excavators with better performance. The performance of your Qinghe Heavy Machinery Plant excavator is quite good in China, but it is still a little bit behind our requirements! ”

“President Su, according to this, you are planning to buy imported excavators? Imported excavators are much more expensive than domestic excavators!” Ding Youliang said.

Su shook his head: “Imported excavators, we can’t afford to buy them, but there are individual products among domestic excavators whose performance can reach the level of imported excavators.”

Ding Youliang was taken aback for a moment, and there was already a guess in his mind. He knew that Mr. Su said that in all likelihood, it was the excavator of the Beverly Engineering.

Sure enough, Mr. Su continued: “Isn’t the Beverly Project also owned by your Qinghe? Their excavators are of the world’s advanced level! This is not what I said, but the Komatsu Group of Japan said.

Komatsu Group, Director Ding, you must know that it is the world’s top construction machinery manufacturer. Even Komatsu said that the excavators of Fukang Engineering have the same performance as their excavators!

With the money of a domestic excavator, you can buy an excavator with imported performance. Why not? This is tantamount to saving a lot of money for the company in disguise! ”

President Su’s words made Ding Youliang very depressed.

I read the newspaper a few days ago and saw that the Fukang Project was sued by the Komatsu Group. Ding Youliang was still very happy. No wonder Li Weidong could make an excavator with such a good performance. It turned out to be copied.

Ding Youliang feels that Li Weidong will definitely be equipped with a large amount of money this time, and the FK501 excavator cannot continue to be produced. At that time, the excavator market in the surrounding cities will all be his own.

Unexpectedly, only a few days later, things turned around. The Komatsu Group not only withdrew the lawsuit, but also wrote a letter of apology to Beverly Engineering.

Previously, the Komatsu Group’s litigation actually advertised for the Fukang Project. In the eyes of the common people, the excavators of the Fukang Project suddenly became the world’s advanced excavators.

Domestic price, imported performance, Beverly excavator is a big seller in an instant!

One Qinghe can’t support two construction machinery companies. Beverly excavators sell well, but the excavators of the heavy machinery factory will definitely not be sold.

So even if Ding Youliang worked hard to find customers, the excavators from the Heavy Machinery Factory still could not be sold.

Ding Youliang knows that the excavator business on the coastal highway in Donglai City has gone bad.

However, he did not give up, but said with a smile on his face: “Manager Su, since the excavator can’t buy ours, there is always no problem with the loader buying ours, right? The performance of our loader is first-class in China.”

“Well, we plan to buy the loader from Beverly Engineering.” Mr. Su continued: “Buy a lot, and there are discounts. I hope that Manager D will understand this.”

Construction machinery is quoted for each single price. The more you buy, the cheaper the price will naturally be. It is definitely cheaper to buy excavators and loaders in the same company than to buy them in two companies separately.

This is also a major feature of construction machinery, which is different from automobiles.

If you buy a car, those who run freight will buy trucks, those who run passenger transport will buy passenger cars, those who run rental will sell small sedan, and those who run freight are all vans. In short, just buy any car for what you do.

However, engineering needs more than one type of construction machinery, so engineering companies also need different construction machinery to complete the construction. At this time, manufacturers that can produce a variety of construction machinery will have an advantage in sales.

Engineering company can buy all the construction machinery you need in one manufacturer, and you can also enjoy more discounts, so you will not go to other manufacturers.

Therefore, in the construction machinery industry, those excavator factories, loaders factories, and crane factories that only do one type of construction machinery eventually collapsed. Those who survived are Sany, Xugong, and Zhonglian. All construction machinery Business done.

When Beverly Engineering sells both loaders and excavators, it has the effect of one plus one greater than two.

The order for the excavator was lost, and the order for the loader was also lost. Ding Youliang was very annoyed, but he was helpless.

But Ding Youliang is still not discouraged. He said: “General Su, you must also need a roller for building coastal roads? Can you take care of our factory for the order for this roller?”

Ding Youliang said and added: “The Beverly Project does not have a roller!”

President Su hesitated for a moment, and finally nodded: “I heard that your rollers have good performance. I will send someone to investigate on the spot. If the performance is really good, buy your rollers!”

Ding Youliang let out a sigh of relief, he finally got the order.

For heavy machinery factories, if both loaders and excavators cannot be sold, road rollers will become their only way to survive!

…

In the meeting room of the Beverly Project, Li Weidong convened a meeting with the technical department.

“We failed in the research and development of excavators. In the end, we got the technology of excavators by importing from foreign countries. But don’t be discouraged. There is a saying called the mother of failure and success. Every success is built on On this failure!”

Li Weidong’s voice paused, and then said: “Moreover, our insufficient technical level has indeed affected the research and development progress. We have to admit these objective factors.

Fortunately, in the process of introducing foreign advanced technology, we have also learned a lot of knowledge and accumulated some experience. These are our gains and can be used in future research and development work. ”

Li Weidong said, looking at everyone, and then said: “Although our excavator research and development has failed, I hope you will get up wherever you fall. For the next research and development project, do your best to strive for success and turn over. battle!”

“Next, I announce the next R&D project…” Li Weidong deliberately stopped talking, waited for everyone’s eyes to turn to him, then continued:

“Our next R&D project is a road roller!”

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(End of this chapter)