Rebirth of the Industrial Tycoon

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

However, after the case has entered the trial stage, until the judgment is pronounced, if the plaintiff wants to withdraw the lawsuit, it must apply to the court and the court will approve it.

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

Because according to the law, one of the additional conditions for the application to withdraw the lawsuit is that the withdrawal of the lawsuit must not violate 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 may infringe the interests of Fukang Engineering. Before making a ruling, the court will inevitably seek the opinion of Fukang Engineering.

If Fukang Engineering refuses to withdraw the lawsuit on the grounds that it will infringe its own interests, the court will also refuse Komatsu Group's application for withdrawal according to law.

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

Yang Xin had to make an appointment with the attorney of Fukang Engineering to discuss the conditions for withdrawing the lawsuit.

In fact, it is very passive to talk about the conditions for withdrawing the lawsuit at this time. The two parties have just exchanged evidence, and the plaintiff will withdraw the lawsuit. It is clear that he knows that he cannot win the lawsuit, and the lawyer representing the other party has not opened his mouth!

However, if the lawsuit is not withdrawn at this time, the evidence will be revealed after the court, and if the lawsuit is lost, it will be more passive.

Therefore, Yang Xin is also mentally prepared to wait for the lawyers representing Fukang Engineering to ask for prices.

The lawyer representing Fukang Engineering said, "We support your decision to withdraw the lawsuit. This can save both of us valuable time, litigation costs, and the country's judicial resources. Of course, we also have two points. Require.

First of all, I hope you will bear the costs of hearing the case and the necessary expenses for handling the case, such as attorney fees, travel expenses, printing fees, transportation expenses, communication expenses, and investigation and evidence collection fees. "

Yang Xin nodded: "As long as it is a reasonable and legal expense, we will bear it, but you need to provide the corresponding expense list and invoice, and we will also audit the expense."

In a lawsuit, lawyer fees are a big burden for the parties. Many people win the lawsuit, but when they calculate the lawyer fees, they find that they have lost money, and even losing money is more cost-effective than hiring a lawyer. This is somewhat unfair to the reasonable side.

As a result, there has been a situation where the losing party bears the winning party's attorney fees.

There are also special legal provisions in China for the losing party to bear the winning party's lawyer fees.

For example, in a legal aid case, the legal aid personnel handling the case is the necessary expenses for handling the case, such as travel expenses, transportation expenses, printing fees, and evidence collection fees, which shall be borne by the non-aided losing party.

For another example, in a contract dispute case, the attorney fee paid by the bondholder for exercising the right of revocation shall be borne by the debtor.

For example, in an arbitration case, the arbitral tribunal can rule that the losing party should pay the winning party, and the reasonable expenses indicated for handling the case also include attorney fees.

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 prevent someone from maliciously using patent and trademark infringement to initiate unfair competition against competitors.

Now that the Komatsu Group has withdrawn the lawsuit, it is equivalent to admitting that it has lost the lawsuit.

Fukang Engineering's request was completely within Yang Xin's expectations, and he did not refuse.

The attorney for Fukang Engineering went on to say: "Our second request is that we hope Komatsu Group will publicly apologize."

"No!" Yang Xin immediately shook his head: "We cannot agree to this request! If we apologize publicly, it will damage the reputation of my client!"

For a company as big as the Komatsu Group, a public apology will indeed have an impact on the company's reputation.

And Japanese companies made mistakes,

He has always liked to hide, and as long as the scandal is not exposed, he will never apologize.

Before coming, Sakamoto Shota gave Yang Xin the bottom line for negotiation, that is, money can be given, but apology is absolutely not acceptable.

The attorney for Fukang Engineering smiled slightly, and secretly thought in his heart, as expected by Chairman Li, Komatsu Group was very happy to lose money, but he was unwilling to apologize.

Yu Shi Fukang Engineering's attorney said, "It's okay not to apologize publicly, then we will lower some conditions. Komatsu Group needs to make a written apology to my client, such as writing an apology letter."

Yang Xin thought for a moment, but still shook his head: "Written apology doesn't work either."

"Then how are you going to apologize?" Fukang Engineering's lawyer asked.

"My agent will not make any kind of apology." Yang Xin replied.

"Then let's meet in court!" The lawyer of Fukang Engineering continued: "If the court decides that we win the case, the possibility of a counterclaim is not ruled out. If negotiation cannot bring an apology, we don't mind using legal means to fight for legality. rights and interests."

Of course, Yang Xin didn't want to go to court again, so he just took a step back and said, "Although my client can't apologize, he can apologize to Fukang Engineering!"

There is a difference between an apology and an apology.

An apology is to admit one's own mistakes to others, and hope to get their understanding and forgiveness, which also means admitting that one's words and actions are inappropriate or harmful.

Apologizing means feeling sorry and uneasy, but it does not mean that you have made mistakes, nor does it mean that you have inappropriate or harmful words and deeds.

We often see a certain public figure or a certain company issue a letter of apology or an apology statement after making a mistake.

In terms of the meaning of words alone, this so-called "apology" is only an expression of regret, rather than admitting that one is wrong, which 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.

If there is no word "apology" in the whole article, then what they actually mean is that I feel sorry and uneasy, so I politely say an excuseme to you.

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

In Japanese culture, apology is a daily necessity and a ubiquitous thing.

For example, the Japanese often talk about "Simi Masai", which translates as a contrast.

However, when the Japanese call a waiter at a restaurant, they have to add "Simi Masai"; when they go to the supermarket to check out, they need to add "Simi Masai";

In Japanese culture, whenever you cause trouble to others, you have to apologize, even if it is trivial, you have to "Simi Masai".

So for Japanese companies, an apology letter is absolutely impossible, but an apology letter is acceptable to them. After all, they keep apologizing every day, and writing an apology letter is just an ordinary daily behavior.

Hearing that Komatsu Group was only willing to send a letter of apology, the lawyer representing Fukang Engineering couldn't help but smile.

"I was guessed by Chairman Li again!"

...

With the help of Li Weidong secretly, the Komatsu Group took the initiative to withdraw the lawsuit and wrote an apology letter, and the news 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 just feel that since Komatsu Group took the initiative to withdraw the lawsuit and wrote an apology letter, it must be Komatsu Group's mistake, which also means that Fukang Engineering did not infringe Komatsu Group's intellectual property rights.

In addition, Komatsu Group itself admitted that Fukang's FK501 excavator has reached the world's advanced level, so in the next few days, more than a dozen waves of customers will come to Fukang Engineering to discuss the purchase of excavators.

Buying equipment of the world's advanced level at a domestic price must not be missed.

This is also the reason why Li Weidong insists on fighting a lawsuit with Komatsu Group. Li Weidong just wants to use the mouth of Komatsu Group to promote the performance of Fukang excavators.

Among the domestic construction machinery industry, some are large enterprises. In the mid-1990s, either SOEs or SOEs were restructured.

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

For private enterprises, neither capital nor technology is enough to make construction machinery.

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

In the industry, Li Weidong's Fukang project can only be regarded as a small enterprise, and the competitors he faces are basically large provincial enterprises, and occasionally there are national giant enterprises that existed in the early days of the founding of the People's Republic of China.

For a small company like Fukang Engineering to compete with big companies, it is absolutely not enough for Wang Po to sell melons and boast. No matter how powerful Li Weidong is to boast about his products, customers are unwilling to believe them.

The reputation of construction machinery is gradually accumulated. Those old-fashioned big companies have already accumulated their own reputation in the past few decades. For this alone, it will take Li Weidong at least seven or eight years to catch up. go up.

Therefore, Li Weidong can only find another way to promote his products with the help of the mouth of Komatsu Group.

When I say that my product is good, customers will think it's bragging and won't believe it.

But even foreigners say yes, do customers still believe it? After all, in the cognition of that era, the moon abroad was more round.

What's more, the foreigner who said it is the Komatsu Group, the world's top company in this industry.

The same "good" word, coming out of the mouth of Komatsu Group, is more effective than any advertisement.

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

...

In the box of a luxury hotel, Ding Youliang was holding a wine glass and toasting the fat man beside him with a flattering expression.

"Mr. Su, please take care of us for the excavator order this time!" Ding Youliang said, came to do it first, and poured all the wine into his stomach.

The burning sensation brought by the liquor 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 at a critical moment, and he must not leave a bad impression on the other party.

However, Mr. Su on the opposite side just took a small sip. In Ding Youliang's eyes, this is not a good phenomenon.

Just listening to Mr. Su said: "This time, our city construction company is in charge of the construction of the coastal highway project in Donglai City, and we do plan to purchase a batch of excavators for the construction of the coastal highway.

However, Donglai City is inherently hilly and the terrain is uneven. In the coastal areas, the terrain is more complicated. There are sedimentary sea sand and hard reefs, and the ebb and flow of sea water will also have an impact on construction machinery. .

Generally speaking, the construction of such coastal highways is much more difficult than the construction of highways in inland areas. Therefore, our requirements for construction machinery are also relatively strict.

So we still plan to buy excavators with better performance. The performance of your Qinghe Heavy Machinery Factory's excavators is quite good in terms of domestic performance, but it is still a little short of our requirements! "

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

President Su shook his head: "We can't afford imported excavators, but among the domestic excavators, there are also individual products whose performance can reach the level of imported excavators."

Ding Youliang was stunned for a moment, and he already had a guess in his heart. He knew that what President Su said, in all likelihood, was the excavator of Fukang Engineering.

Sure enough, Mr. Su continued: "Isn't the Fukang project also from your Qinghe, their excavators are at the world's advanced level! This is not what I said, but the Japanese Komatsu Group.

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

With the money of domestic excavators, you can buy excavators with imported performance. Why not do it? This is equivalent 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 very happy in his heart. He said that no wonder Li Weidong could make such a good excavator. It turned out to be a copy.

Ding Youliang even felt that Li Weidong would definitely pay a lot of money this time, and the FK501 excavator could not continue to be produced. At that time, the excavator market in the surrounding cities would be his own.

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

The previous lawsuit of Komatsu Group, on the contrary, advertised for Fukang Engineering. In the eyes of ordinary people, the excavator of Fukang Engineering has suddenly become the world's advanced excavator.

Domestic price, imported performance, Fukang excavators are sold in an instant!

One Qinghe cannot afford to support two construction machinery companies. If the Fukang excavators sell well, the excavators of the heavy machinery factory will definitely not be sold.

Therefore, even if Ding Youliang tried very hard to find customers, the excavators of the heavy machinery factory still could not be sold.

Ding Youliang knew that the business of this single excavator along the Donglai City Coastal Highway had already turned yellow.

However, he did not give up, but said with a smile on his face: "Mr. Su, since the excavator can't be bought from us, there is no problem with buying our loader, right? Our loader performance is first-class in China."

"As for the loader, we also plan to buy it from Fukang Engineering." Mr. Su continued: "If you buy a lot, there will be discounts. I hope Director Ding understands this."

Construction machinery is quoted per unit. The more you buy, the cheaper the price will naturally be. Buying excavators and loaders in the same company is definitely cheaper than going to two companies separately.

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

If you buy a car, you should buy a truck if you run freight, a passenger car if you run a passenger car, a small sedan if you run a rental car, and a van if you run cargo. In short, just buy whatever car you do.

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

Engineering companies in one factory can buy all the construction machinery they need, and can enjoy more discounts, so they will not go to other manufacturers.

Therefore, in the field of construction machinery, those excavator factories, loader factories, and crane factories that only made one kind of construction machinery eventually collapsed. The only ones who survived are Sany, XCMG, and Zoomlion, all kinds of construction machinery. do business.

When Fukang Engineering sells both loaders and excavators, it has the effect that one plus one is 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 there was nothing he could do.

But Ding Youliang was still not discouraged. He said, "Mr. Su, you must also need road rollers when building coastal roads, right? Can you take care of our factory for the order for this road roller?"

Ding Youliang added another sentence: "Fukang Project does not have a road roller!"

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

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

For heavy machinery factories, if the loaders and excavators are not sold, the road roller becomes their only way to survive!

...

In the conference room of Fukang Engineering, Li Weidong called people from the technical department for a meeting.

"We failed in the research and development of excavators. In the end, we obtained the technology of excavators by importing them from abroad. But don't be discouraged. There is a saying that failure is the mother of success. Every success is based on many failed again!"

Li Weidong paused, then said: "And our lack of technical level has indeed affected the progress of research and development, and 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, looked at everyone, and continued: "Although our excavator research and development failed, I hope that you will get up from wherever you fell. For the next research and development project, try your best to strive for success and turn over. battle!"

"Next, I'll announce the next R\u0026D project..." Li Weidong deliberately stopped speaking, and after everyone's eyes were on him, he continued:

"Our next R\u0026D project is a road roller!"

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