I Became a Law School Genius – 8



I Became a Genius Law School Student Episode 8

“Next… Bae Hyeon-jung from Group 9 and Park Yoo-seung from Group 10 please come forward.”

I certainly didn’t know that Bae Hyeon-joong and I would be called right this time.

I decided to wait for the moment when I would be called out with him someday.

I felt fate at the somewhat contrived development.

good night.

Even though I’ve laid the stage for you so much you’re not an idiot who doesn’t know how to play.

Let’s give Bae Hyeon-joong an unforgettable memory.

“The problem between you two is… this.”

Professor Park Soo-geun fired a beam projector at the blackboard.

[‘A’ is a corporation that collects and manages relics such as pottery and earthenware. A the CEO of ‘A’ borrowed 500 million won from bank ‘B’ in the name of ‘A’ deposited it into an account in the name of ‘A’ then withdrew the money and fled abroad.

A’s intention from the beginning was to steal the money and run away and Bank B was negligent in not knowing that A had such a purpose.

You are a lawyer appointed by ‘B’. What are B’s rights and remedies?

(However assume that A’s actions are unauthorized representation and do not consider abuse of representation or representation.)]

…It’s a familiar type of problem.

First let’s consider the relationship between a corporation and its CEO.

He said that a corporation is ‘something that is recognized as the subject of rights or obligations even though it is not a person.’

In other words ‘A’ corporation is not a person but it is a being that can own property or incur debt like a person.

But that’s a legal story.

A corporation is not a person or some kind of artificial intelligence AI program.

It is just a concept that exists only in documents.

Therefore in reality if a corporation wants to borrow or repay money to another party someone who is a ‘real person’ must do so on its behalf.

That someone is the CEO.

If the CEO borrows money by saying ‘I will borrow money from your bank in the name of our corporation’ the debt becomes the corporation’s not the CEO’s.

Even if the money cannot be repaid a red label is placed on property owned by the corporation not the CEO.

In this case even if A ran away with the money there would be no problem because Bank B would have to collect the money from Corporation A anyway.

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But here a clue appeared.

‘It was said that A’s actions were ‘unauthorized representation’ and that ‘representative representation’ or ‘abuse of representative power’ should not be reviewed.’

What does this mean?

To put it simply non-authorized representation means that A did not have the legitimate right to owe ‘A’ a debt.

Let’s say one day I went to the bank without Hanseol’s consent and took out a loan in Hanseol’s name.

If the bank tells Hanseol to repay the money Hanseol will be very upset.

What I did at this time was ‘unauthorized representation’ and the debt incurred due to that unauthorized representation does not affect Hanseol.

Coming back to the issue the story ends up being that although A borrowed money in the name of ‘A’ he has no obligation to repay the money to ‘A’.

‘Not considering abuse of representation or representation means simply assuming that ‘A’ has no debt and resolving it.’

Who will be offended if this happens?

That’s right.

Bank B which lent the money feels unfair.

I loaned it to ‘A’ corporation thinking it was for it but ‘A’ actually said that it had no obligation to repay the money.

A the culprit behind all of this has already run away and there is no way to get the money back from him.

In the end this issue was about whether there was a realistic way for Party B to receive money from Corporation A rather than A which ran away.

‘There is. That way.’

You can use Article 35 of the Civil Act ‘Liability of Corporations for Torts’ which we learned in today’s lecture.

This is exactly what Hanseol chanted before class.

Article 35 (Corporation’s ability to commit illegal acts) ① A corporation is responsible for compensating damages inflicted on others by its directors or other representatives in connection with their duties.

There is no need to think hard.

The logic is that since someone in your organization has caused trouble to me the organization should take responsibility and compensate for it.

So all you have to do is review whether this case meets the requirements to hold the corporation responsible for illegal acts and write a conclusion.

‘You might think… Usually.’

But that was only an answer to half the problem.

Considering the unique way in which this problem is described… Professor Park Soo-geun’s true intentions are probably hidden somewhere else.

‘Let’s take a look at the skills of 37th place.’

Bae Hyeon-joong who saw the problem closed his eyes for a moment as if he was reviewing his knowledge and then ran towards the blackboard with a confident expression.

He wrote down his answer without hesitation in the space allotted to him.

Ten lines twelve lines.

You can’t see the content but you can roughly guess it.

‘I got caught this guy.’

I watched what was going on then went to the seat given to me and started scribbling down the answer.

One two three. four.

It was just four lines.

“Hey does his answer only have four lines?”

“You wouldn’t know it if you saw it? If you don’t know anything there’s nothing to write about. That’s him. “Business major sucks.”

“Oh him?”

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“I wondered if things had changed since you answered well in criminal law class last time… I guess the rumor that you read exactly what Hanseol told you is true.”

I can hear everything. I can hear everything.

It wasn’t something to be hurt again but the weight of Park Yoo-seung’s notoriety was unusual.

Even after witnessing my performance in person you choose to believe rumors.

Maybe it was a story that Bae Hyun-joong spread intentionally.

“Time is up. “Then which of you will explain your answer first?”

“I will do it first. professor.”

“great. “Bae Hyeon-jung.”

In fact it was advantageous to announce this first.

Since the answer is predetermined if the first presenter guesses the answer the next person becomes a sack of barley.

Bae Hyun-joong probably knew that too which is why he stepped forward.

“The issue in this matter is whether ‘A’ is held ‘corporate tort liability’ for A’s actions. According to Article 35 Paragraph 1 of the Civil Act this is one of the requirements for holding a corporation liable for a tort. It must be an act of a director or other representative. Two. It must be an act related to duty. Three. “Other people must have suffered damage as a result.”

Bae Hyeon-joong continued his presentation with confidence.

“Since A is the CEO of ‘A’ and also caused damage to bank ‘B’ the remaining requirements are naturally met. However since A borrowed money for his own profit rather than for the corporation’s duties it can be seen as an issue whether it is a ‘duty-related act’.”

It was a very good flow up to this point.

“The precedent does not ask in this case ‘whether it is actually job-related.’ Instead the criterion is whether the objective nature of the act can be externally related to the duties of the corporation.”

Explain the attitude of precedent and apply it to the case.

“According to him the act of borrowing money from a bank may appear on the surface to be financing the costs of corporate activities. “It will be said that job-relatedness is recognized.”

Why judge based on appearance?

Of course it is to protect the other person.

If the standard is whether it is actually job-related the other party will have to investigate the details every time something is transacted with the CEO.

Wouldn’t that be too cumbersome cumbersome and difficult?

“There are exceptions. “If the other party knew that the CEO’s actions were actually unrelated to his duties or did not know due to gross negligence he cannot be held liable for tort.”

Bae Hyun-joong took a moment to catch his breath and continued speaking.

“However although Bank ‘B’ was negligent in the problem it does not say that there was gross negligence so it does not fall under the exception.”

The reason there are exceptions is the same.

The purpose of Article 35 is to protect the other party.

But is it worth protecting even those who knew from the beginning that the CEO was trying to steal money or did not know about it due to gross negligence?

Our civil law’s position is that it is not.

‘This is why it is important to look at the legislative purpose and significance of the system.’

“In the end ‘B’ can hold ‘A’ liable for the tort under Article 35 Paragraph 1 and receive compensation for damages.”

After Bae Hyeon-joong finished his explanation he looked back at the professor with a proud expression.

It was a face that left no doubt that he was wrong.

“great. I heard you well. “Bae Hyeon-jung.”

However despite saying it was good Professor Park Soo-geun’s expression looked somewhat disappointed.

That was right. The answer just now wasn’t bad but it didn’t live up to the professor’s true intentions.

The opportunity was now.

“Park Yu-seung. Is there anything you would like to say about this solution?”

“…there is.”

“Tell me about it.”

I cleared my throat and made a very sad expression.

“Wonwoo Bae Hyeonjung.”

“yes. “Park Yu-seung Won-woo.”

“Is this really the best?”

“what?”

At that moment Bae Hyeon-joong’s expression hardens.

“Read the question again. “Did it say to review the tort liability of the corporation?”

“What are you talking about? “Isn’t it the basics of case writing to extract issues and write answers even without being told?”

“Of course it is. But is the issue that Wonwoo extracted the correct issue? Or is it everything? “Could it be that Bae Hyeon-jung and Won-woo wrote a poor answer due to the preconceived notion that this question was to reaffirm the progress made today?”

“Professor I have an objection! “Wonwoo Park Yoo-seung is slandering my answer without any proper basis!”

“…please be more specific. “Park Yu-seung.”

Professor Park Soo-geun stared at me with a mysterious expression.

“Please look at the fingerprints again. It said “You are the lawyer of ‘B.’” “This is a phrase that goes to the heart of this issue.”

It’s a style that doesn’t come out often these days.

In the law school era the bar exam breaks the case questions into 10-point questions and covers only one issue per question.

On the other hand as a lawyer and prosecutor many questions were asked during the bar exam that required one to write an opinion favorable or unfavorable to a specific person.

And that means….

“Wonwoo Bae Hyun-joong do you know how a lawyer writes in writing?”

“…what.”

“In court you cannot know which claims the judge will accept and which he will reject. So write down all possible billing methods not just the ones most likely to be accepted. “These are called peripheral claims and preliminary claims.”

“What do you want to say!”

“We will review everything possible and find the most advantageous plan for the client.”

In other words if you know something write it down and compare the effects.

“As a lawyer I strive to provide the greatest benefit to my clients. Have you tried it? By solving this problem.”

“…!”