I Became a Law School Genius – 38



I Became a Genius Law School Student Episode 38

“Oh good. Please come forward.”

Park Soo-geun called her in with joy and I followed Seo Hee-jin with my eyes as she walked out with strangely confident steps.

‘Was he such an ambitious character?’

I remember that Seo Hee-jin never really stood out whether in the original work or Professor Park Soo-geun’s problem-solving time.

On the contrary when I observed her directly she gave a strong impression of being weak and somewhat intimidated.

A strange intuition raised my head.

‘I guess I’ll just watch for now.’

Because jumping to conclusions is the worst vice of a lawyer.

“I will answer question (1) first.”

Seo Hee-jin’s presentation began.

The meaning of question (1) is simple.

This was a question of whether ‘parties’ and ‘actors’ can be distinguished in legal terms.

A party is a person who has ‘rights or obligations’ due to a legal act and an actor is a person who actually performs the act.

In many cases the two coincide.

If I go to a restaurant and pay money and order food I am the one who executed the contract and the party who has the obligation to pay and the right to receive the food.

The problem is when the two are different.

In this case the actor is clearly the person who personally signed the contract.

However Eul claimed that he was not a party and Byeong was demanding that Eul hand over the money because he was the party so a fight broke out.

‘If a fight like this arises…’

“I believe that precedent should determine the parties based on ‘legal interpretation.’ In other words it is based on who the other party to the act perceived the party to be.”

Seo Hee-jin answered in a calm voice.

“The name and seal on the contract are all B’s and considering the circumstances in which Byeong-do lured A in the first place it would have been natural that he intended to sign a contract with B. Therefore the parties to the contract are first confirmed as B.”

It was correct.

Professor Park Soo-geun also nodded and urged the explanation.

“Next question (2).”

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Here we are asking about the concept of representation.

It may sound unfamiliar but it is not a difficult concept.

The concept of non-authority agency was previously discussed in a free-ro class.

He said that if I borrowed money in Hanseol’s name without permission that would be unauthorized representation.

From Hanseol’s point of view it would be unfair to say that he has to repay money he never borrowed so in principle non-authorized representation is invalid.

But if you think about it carefully Han Seol is not the only one who feels unfair.

The person who lent the money also feels unfair.

He believed that he was lending money to Hanseol and since Hanseol was good at studying and had a good reputation he lent it with trust that he wouldn’t have to pay it back.

But what if it turns out that it was just some idiot impersonating him at will?

If he takes the money and runs away with it how are you supposed to get it back?

It couldn’t be anything other than a lightning strike in a dry sky.

Therefore if special conditions are met there is a system that allows you to request money from the person in question even if it is an unauthorized representation.

That is expressive agency.

“For express representation to be established the other party must not have been negligent in believing that the actor had the right to represent.”

Seo Hee-jin’s answer follows.

In short it means that we will check whether the person who lent the money was truly unfair.

In fact he knew that I had arbitrarily sold Hanseol’s name.

Or isn’t there a need to protect the person who lent the money to cases where it could have been known with just a little thought?

And the side claiming representation must prove that there was no negligence.

Since you are asking for money from Han Seol who normally has no obligation to repay the money I suggest you bring at least some evidence.

“In the case Byeong knew that B did not have legitimate representation rights and he could not prove otherwise in court. Therefore representational representation does not occur.”

It’s great up to this point.

The problem is the last question 3 which is the issue of ‘responsibility of unauthorized agents’.

Article 135 (Responsibility of an unauthorized agent toward the other party) ① If a person who has entered into a contract as an agent of another person fails to prove his authority to act and fails to receive ratification from the principal he is responsible for performing the contract at the option of the other party or bears any damages. are responsible for compensation.

This too is not a difficult concept.

In the end the work has become an unauthorized representation and express representation is not recognized so if you can’t get money from Han Seol you have to at least get money from Park Yoo-seung who is an impersonator.

Of course it is the most reluctant option for the person lending the money.

There is no way a person who sells someone else’s name to borrow money will repay his debt.

It is common for people to lose contact or run away.

Still it’s better to at least try than to give up completely.

If you win the case and receive a judgment and execution sentence you can borrow the power of public power such as dispatching a court execution officer so it is a fight worth fighting.

‘However there is a condition to this as well.’

② Paragraph 1 shall not apply when the other party knows or could have known that the person who entered into a contract as an agent does not have the right to represent or when the person who entered into a contract as an agent has limited capacity.

Article 135 of the Civil Code is a system to protect the other party.

Therefore we do not help in cases where the other person is a person not worth protecting that is in cases where we knew that the other person was an unauthorized representative or could have known even if we had been a little careful.

‘And the burden is to prove the circumstances surrounding it.’

“These circumstances must also be proven by the other party so if both parties fail to prove them as in this case the liability of the unauthorized agent does not arise.”

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As before Seo Hee-jin finished her answer with a confident attitude.

But the atmosphere was a little strange.

“uh….”

“Is that right…?”

A strange silence came along with an awkward silence.

The students sitting in their seats began to look through their books with confused expressions.

“Hmm I heard you well. but.”

At that time Professor Park Soo-geun cleared his throat and opened his mouth.

“Is there any student who has a different opinion?”

It is difficult to raise your hand easily.

You don’t get points just by adding words to someone else’s presentation.

Pointing out other people’s mistakes without any benefit was not an easy task for this group of good-natured students.

I can’t help it.

Here it’s the motherfucker’s turn to step forward.

“There is one thing wrong.”

That’s why I raised my hand and stood up.

“The liability of an unauthorized agent is in principle no-fault liability and it is a precedent that the unauthorized agent must also prove that the other party was malicious or negligent. “It’s probably explained that way in most textbooks and exam books…”

I looked straight at Seo Hee-jin who was standing in front of the podium from afar and asked.

“Where did student Seo Hee-jin come across the information that the other party has the burden of proof?”

At that moment Seo Hee-jin’s complexion visibly turned white.

* * *

Actually I thought it was strange from the beginning.

It was in the break room that Seo Hee-jin burst into tears saying that her textbooks were missing.

But why would you suddenly have to take out a textbook from the break room and look at it?

Of course if you are a group of law school students who are passionate about studying you may end up talking about your studies even during a break and there is also the possibility that you may realize that you have lost your textbook while trying to look up a confusing part.

‘So it was a problem that couldn’t be decided right away…’

I couldn’t shake the feeling that he had ‘deliberately’ chosen a place where he could show as many people as possible that he was a victim.

‘The reaction after that was also strange.’

Losing a book to the point of crying is an embarrassing and desperate situation.

So wouldn’t the typical response be to cling to it in a more proactive manner when someone approaches me saying I’ve picked up an unclaimed book?

However Seo Hee-jin somehow seemed to be paying attention to those around her first and only after that did she say her name as if to appeal.

I thought that this could also be a timid personality or a very observant type so I ignored it for now.

“Nevertheless this is what happened in the end.”

After class I called Seo Hee-jin to a quiet place and tried my luck.

“Ugh….”

Seo Hee-jin bowed her head.

She confessed everything quickly.

He said that he was the culprit who stole the books and materials of his classmates and that he took them because he heard my story in Constitution I class yesterday and thought he had to get my materials somehow.

As the important issues were neatly and pinpointed Seo Hee-jin firmly believed in the content of the material.

Since it even contained problems covered in Park Soo-geun’s previous classes he thought he could get a good grade if he just studied well.

Everything was as I guided.

“What is the reason?”

Seo Hee-jin did not attempt any resistance.

He just lowered his head and trembled as if he was fully aware of his own sins.

‘He’s the weak type.’

It’s not that I don’t know that it’s wrong and I’m not shameless enough to deny it.

However he is not brave or strong-willed enough to do something bold.

How did Seo Hee-jin end up committing such a serious crime as serial theft?

“I was scared.”

Seo Hee-jin confessed it obediently.

“My older sister who everyone praised as a brilliant child was devastated after failing the bar exam. “I am a much worse person than my sister. I have to work harder but right now my grades are not at all as good as my efforts…”

Seo Hee-jin is said to have been compared to her older sister Seo Su-jin who was perfect in everything since she was young.

Her feelings toward Seo Su-jin are ambivalent.

He was a role model that he was proud of and respected more than anyone else but at the same time he was also an object of jealousy that constantly drove him into an abyss of comparison and self-blame.

Even my older sister could not overcome the hurdles of law school and the bar exam.

That fact came as a huge shock to Seo Hee-jin and gave her the compulsion to do anything to survive.

Of course receiving a low grade in free-ro also fueled this.

‘That’s what it was.’

I feel like I’ve tried everything I can but I’m not seeing any results.

So I began to suspect that something was wrong from the start.

Excellent students are studying using materials and study methods that I cannot access in the first place.

In order to keep up with this they must somehow obtain their exclusive possessions.

I ended up reaching such a wrong conclusion.

That was the case that drove Seo Hee-jin into theft.

“But you are wrong.”

“I know. “I caused harm to many of my classmates through my actions and it was something I should not have done… I am prepared to take responsibility.”

“No that’s natural.”

“…?”

“You can’t become like me just by getting some data.”

Seo Hee-jin looks at me blankly.

“The materials you stole. I made everything myself. “Every word filled with my own know-how and understanding.”

“yes…?”

Simply put it means that cause and effect is wrong.

Students who have good materials do not do well.

People who are good at it create good material.

Of course well-made materials have value.

However its role is only limited to helping you prepare for the test at hand more efficiently.

Isn’t it natural that the fundamental skill itself cannot be changed?

Changing your skills is the time and effort you put in.

It is the weight of blood and sweat shed and the depth of engraved calluses.

There is a level that cannot be reached without paying a certain price.

“So your grades went up because of the materials.”

“Of course it’s a bluff to catch the criminal. “Did you believe that?”

“That can’t be possible….”

Seo Hee-jin looked devastated.

“I don’t mean to say harsh things like ‘You didn’t try hard enough’ or ‘You’re just lazy.’ Of course you worked hard. “You and your sister.”

I too am a person who has suffered enough.

I know better than anyone else how difficult and arduous it is to study law.

“Just because someone who failed or lacked accomplishments doesn’t mean they didn’t work hard.”

They too suffered to the point of death and fought hard.

There were just more monsters.

“So is there anything else? “I have no choice but to bump into it more.”

There are crazy people on this floor whose passion is so burning that it makes it ridiculous to say that they have done enough and poured in enough to not be enough.

There are also monsters that can be defeated with overwhelming talent.

If a single writer wants to keep up he or she has no choice but to strain themselves even more.

I scratch the back of my hand to keep me from sleeping and read a book until my eyes feel sore.

If you try and it doesn’t work try changing your methodological approach.

Continue like that.

Until it happens.

“I know the desperation but… law is not an easy discipline to be able to overcome the situation with such expedient methods.”

Seo Hee-jin did not answer.

Maybe it wasn’t done.

After a while she raised her head and asked me.

“…What happens to me?”

‘Well sure.’

It is good that Seo Hee-jin was arrested.

The question is how to treat her.

Now I was given two options.

one. Make her mistakes public in detail and make her take appropriate responsibility.

In fact my conscience was pointing very strongly in this direction.

If she just stole my book I could do whatever I want whether to forgive her or take advantage of her but Seo Hee-jin has already harmed too many students.

Of course the damage was neither enormous nor irreversible yet.

At most I was unable to study with materials that were missing for a day or two.

However that doesn’t mean I have the right to decide Seo Hee-jin’s direction on their behalf.

At the very least I should provide them with the opportunity to judge for themselves whether to condemn or forgive Seo Hee-jin.

‘But the problem is…’

This means that the original plan to do Seo Hee-jin a favor and obtain model answer data from her older sister the president of the Real Rights Law Society falls apart from the very beginning.

Instead of showing favor it ended up being an accusation against Seo Hee-jin.

Should you choose targeted profits or follow principles and justice?

Although she may not have known it Seo Hee-jin had pushed me into this dilemma.

I don’t want to work in vain and I don’t want to turn a blind eye to the injustice of someone who dreams of becoming a lawyer in pursuit of personal gain.

As my temples throbbed from contemplation I finally realized one thing.

‘…Why do I have to be tested and suffer?’

I did nothing wrong.

Rather he made a great contribution to catching the culprit of the theft which was not revealed in the original work.

Because Seojun Shin had yet to move the students were able to get their books and materials back much faster thanks to my performance.

I have already made sufficient contributions to the public interest.

In that case it would not be me who would have to have my morality and ethics tested.

“Let’s do it this way.”

I opened my mouth while facing Seo Hee-jin.