I Became a Law School Genius – 10



I Became a Genius Law School Student Episode 9

“2001Da66369 Precedent.”

The crowd erupted in laughter at the unexpected case number.

“The moment the loan is remitted to the corporation’s account based on an invalid legal act the corporation’s ‘unjust enrichment’ is established. This does not change even if someone withdraws the loan immediately thereafter. In other words in the case ‘B’ can also file a ‘claim for return of unjust enrichment’ under Article 741 of the Civil Act against ‘A’.”

Everyone hurriedly took out their law books at my point.

– Civil Code Article 741 (Unfair Enrichment) A person who gains profits from another person’s property or labor without any legal cause and causes damage to others thereby must return the profit.

“What does that mean! “Anyway the loss suffered by ‘B’ is the same 500 million won so the money that can be recovered is the same!”

Bae Hyeon-joong finally gave up even honorific words in front of the professor.

That’s how anxious he is.

“no. “It’s not the same.”

And I easily denied his claim.

“If liability for a tort is sought ‘B’ must compensate for his or her negligence.”

“Ah ah…!”

“Article 396 of the Civil Code. Offset of negligence. When claiming compensation for damages due to default if the creditor is at fault the court must take this into consideration and determine the liability and amount. Article 764 of the Civil Code. Applicable regulations. Article 396 also applies to tort liability.”

To put it simply it’s like this.

That guy did something bad to me.

So I suffered damage.

But when I thought about it I realized that the damage was probably caused by my mistake.

In this case the concept of deducting the amount of my mistake that is my negligence from the amount of damages and claiming it is the concept of fault offset.

“Because Bank ‘B’s negligence was not gross negligence it can hold the corporation liable for the tort. However since it is true that there was negligence this must be offset and this inevitably reduces the amount that can be claimed. On the other hand this is not the case if you file a claim for return of unjust enrichment.”

In conclusion the amount of money that ‘B’ can recover varies depending on the basis for the claim.

It is more beneficial to client B to request return of unjust enrichment under Article 741 than to seek liability for tort under Article 35.

“Do I need to explain further Professor?”

I passed the baton to Professor Park Soo-geun.

“…What I wrote on the blackboard.”

“Two lines to write the requirements for unfair enrichment and the precedent that it is possible. Although tort liability is established there is a possibility of offset of negligence in this case. “The bottom line is that you have to file a claim for the return of unjust enrichment.”

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Of course if you write the actual answer sheet like that it will be a disaster.

Examining the tort liability of a corporation is also an important issue and the requirements and eligibility must be carefully considered.

If you don’t use it because it’s obvious all the points you earned will be lost.

But Bae Hyun-joong is going to do all that anyway right? This was something that could easily be predicted just by looking at the volume of the book.

If you’re going to argue anyway it’s much more impactful to break it all down in just three or four lines.

This is not an answer writing contest or a test.

It’s an announcement.

In the end the presentation was just a fight to see who would look more plausible and control the mood.

And at that point I won by a landslide.

“Wow… awesome.”

“Bae Hyun-joong’s explanation of the corporate issues was not bad but Park Yoo-seung constructs a logical structure by thoroughly understanding the entire scope of civil law including the issue of unjust enrichment which is a discussion of bonds.”

“hey. Didn’t you say he’s the special nerd at your school?

“The dog is cool. I guess you have to do that to become a lawyer…”

The atmosphere changed in an instant.

The buzzing sound that was just an unpleasant noise was now like a hymn to me.

“Now be quiet. Quiet. “Class isn’t over yet.”

Professor Park Soo-geun asks:

“Park Yu-seung.”

“Yes Professor.”

“Have you ever been preparing for an exam? A patent attorney or a legal attorney. “Court administrative exams or something… It’s been a while since I’ve had a civil service exam so considering my age I don’t think so.”

no. I am a person who passed the second round of the bar exam.

Of course I couldn’t say that.

I shook my head.

It wasn’t a lie because it was true that ‘Park Yoo-seung’ had never prepared for such a test.

“It’s perfect. To be honest it was not a very difficult issue but it is rare for prospective students to come up with an answer by combining such broad civil law concepts.”

Professor Park Soo-geun was impressed.

“It was also sensuous to see the differences in the nuances of the questions and adjust the emphasis. In fact it takes several years of studying for the civil service examination to develop this kind of skill….”

The professor smiled and tapped my shoulder.

“5 extra points for Article 10. Group 9… had a hard time. “Both of you please return to your seats.”

“Thank you Professor.”

Obvious difference.

Victory and defeat are divided.

I looked at Bae Hyun-joong and grinned as if to say something and he barely managed to squeeze out an answer while trembling with a red face.

“…thank you….”

* * *

“Okay ta-da!”

In the evening when all classes are over. At a restaurant I stopped by after a long time Hanseol clinked glasses of soju.

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“You’re really living there right?”

“Park Yu-seung. Did you see me saying two things with my mouth? Eat and eat.”

Hanseol’s voice was quite excited.

I’m from a rich family and thanks to possessing the master I didn’t run out of money anywhere but that didn’t mean I had any reason to refuse the offer to buy it for me.

After all the most delicious meat in the world was someone else’s meat.

“Did you see that kid’s expression? “It was as if the world had completely collapsed.”

From what I heard it seemed like a guy named Bae Hyun-joong had been bothering me for quite some time.

Even though I was told not to do that I was caught up in my own delusions and couldn’t listen.

That’s why Hanseol felt very relieved to see him being treated harshly today.

“I don’t like the taste of food like that. “You divide people by level and openly look down on people who are worse than you.”

“But when you first met me in the classroom didn’t you tell me not to disturb you?”

“Hey that’s different!”

embrace.

Hanseol didn’t say it with bad intentions.

Rather she would have tried to somehow carry a bastard like Park Yoo-seung and get a good score together.

Since Park Yoo-seung in the original was such a waste the best way was to just leave him alone.

“I’m kidding. joke.”

“You were surprised! “I thought you had it in your mind at that time.”

Only then did my crumpled expression brighten up.

Even in the original work whenever he appeared he had a stern expression so it was hard to see him smiling.

To top it all off readers also expressed their dissatisfaction in the comments saying ‘She’s prettier with a bright expression but does she always look like she looks dead?’

Suddenly that came to mind and I blurted out something.

“Why don’t you just smile like that everyday? “It looks much better.”

“…What the hell!”

Hanseol who was stuffing meat wraps into his mouth heard the sound and gurgled.

So eat it slowly.

I pulled out some wet tissues and gave them to him.

It was quite funny to see him glaring at me to see what he was dissatisfied with but also expressing his gratitude when he received the tissue.

To what extent are you truly sincere?

“But don’t you have a curfew? “Can I eat meat here?”

“…huh. “When I was an undergraduate the cut was 8 o’clock but when I went to law school my mom increased it to 9 o’clock.”

“Good. Hey the meat is delicious. “You know how to grill some meat.”

“right? “When I was exaggerating I was called the goddess of grilling meat on MT!”

‘This is the same as the original.’

Hanseol’s mother was the so-called ‘helicopter mom’.

From her school days she tried to manage her daily routine down to the minute and this was still the case as an adult.

They went to extreme lengths by requiring students to report the achievement of their study goals every day or imposing a curfew.

It was an upbringing that would have gone astray long ago if it had not been for the fact that I was an honor student by nature.

I sympathized with Hanseol as I picked up the meat she had pushed to the edge and ate it.

hmm. It’s delicious.

“so.”

Hanseol who was eating hard started to get lucky.

“How did you know this time?”

“what?”

“The answer the professor thought was unfair enrichment. In fact since it was a problem that came up after learning the concept of a corporation it is easy to be distracted by it.”

Hanseol confessed that even if it were him he would have solved the problem with Article 35.

Instead the arguments presented would have been much richer than Bae Hyeon-jung’s and he would have earned a considerable amount of additional points at that point.

However in essence it was the same thing that did not penetrate the professor’s true intention.

“There were too many additional conditions to the problem. “To the point where it feels contrived.”

“…uh?”

“The problem of the relationship between a corporation and its CEO is originally a set of agents. In Article 59 Paragraph 2 it is written that the agency-related regulations apply mutatis mutandis to the CEO.”

But what about the problem Park Soo-geun raised?

He said not to question whether the CEO’s actions were unauthorized representation not to question expressive representation and not to question abuse of representative power.

Even though each one is the basic of basics and an A-level issue!

The reason for narrowing down and limiting the subjects to be reviewed was obvious.

Is it because Park Soo-geun is such an angelic professor? That’s not it.

Because there is something else you want.

“Then I read it again and the phrase ‘You are a lawyer’ read a little differently. Usually you don’t need it. That kind of description.”

“…You can approach it that way too.”

Hanseol let out a small exclamation then changed his expression and began to laugh.

“Well that was kind of cool. What did you say? ‘As a lawyer I try to provide the greatest benefit to my clients. Was it ‘Have you tried it?’”

“…don’t do it!”

I tried to set the mood a bit because I wanted to embarrass Bae Hyun-joong but when I saw Han Seol copying him in a comical way I was later embarrassed.

The theory that seemed to catch the number of cases made people laugh.

“Wow I thought you were a lawyer from some movie or drama. “It was so cool I almost gave it a standing ovation.”

“I told you not to do it….”

“’I’m Bae Hyeon-jung and Won-woo~. “Is this really the best?”

“Aaaah!”

In the end I couldn’t bear it anymore and took a sip from the glass. After saying ‘salty’ again with the glass that Hanseol had just filled I poured it all into my mouth.

The taste of the alcohol was particularly bitter.

‘I should have gone quietly. I’m just trying to set the mood…’

Actually this problem was relatively easy for me.

First of all all important issues were written down in the article.

For me who still lacked an absolute amount of knowledge problems that could use a legal cheat sheet called the law code were a stage where I had to bow down.

Rather it would have been much more difficult for me to write an answer like Bae Hyun-joong did.

In order to use a corporation’s tort liability it is necessary to explain the criteria for job-relatedness or keywords from the appearance theory that are not included in the provisions.

First of all the length of the answers is different.

The idea of ​​linking it to ‘unjust enrichment’ was not particularly special.

In our days during the bar exam civil law questions worth 40 or 50 points came up frequently.

Therefore no matter what the case I had no choice but to get into the habit of reviewing everything from the establishment of the legal act the rights that the parties could claim and issues in litigation law all at once.

Nowadays progress is made by dividing it into units and tests and presentations are made by unit so the students’ thinking is not organically connected.

This is something everyone does later when they learn everything and prepare for the exam in earnest.

“What is the case number? “How did you know that?”

“That’s the precedent I was looking at five minutes before class.”

It was a time when I was carefully reading the section on liability for illegal acts of corporations for pre-study.

Suddenly I thought that in the past this had been linked a lot with profiteering so I opened the back pages lost in memories.

There was a precedent that I was glad to see after a long time so I kept looking at it and it became familiar to me so I memorized it on my own.

In fact the issues discussed in class are not all.

Whether the parties can use all of the different relief methods of tort liability and return of unjust enrichment or whether they should choose to use them.

If both can be used there were still more details that should not be missed such as how overlapping ranges are handled.

This was a card that Professor Park Soo-geun would pull out if he requested additional explanation. Fortunately just getting the answer right was impressive enough so I didn’t look beyond that.

“You memorized it automatically? “That’s great in its own way…”

There was nothing more embarrassing than being praised by this woman for memorizing something.

I shook my head and concentrated on the meat and instead of talking to Hanseol any more I began to focus my mouth on more valuable matters.

“uh. I ate well. “I’ll ask you again next time.”

“It sounds like the following. “How expensive is meat these days?”

I left early to meet Hanseol’s curfew.

Even though she was grumbling her expression was very bright as she turned around.

The meat seemed quite delicious.

Actually I enjoyed it enough.

It’s a delicious restaurant here.

“Okay then. “I have to go back too…”

As the happy food experience ends reality washes in like a flood.

In fact I still had a lot of work left to do.

Studying is something I do all the time….

The most urgent task is the ghost Jowon Lee Ha-ru.

Even though Bae Hyun-joong’s discipline was maintained the snowball he threw is still rolling.

If you don’t want to get bombed with attendance scores you had to catch it from Iharu first.

“Today is Friday so we have until the weekend.”

But how do you catch it? I know where it is.

Moreover even if they were caught the problem was how to make them attend every day.

“That problem child….”