I Became a Law School Genius

Chapter 38

『 Translator – Divinity 』

“Oh, good. Please come forward.”

Park Soo-geun welcomed her with a bright smile, and I followed Seo Hui-jin’s back with my eyes as she walked out with a strangely confident gait.

‘Was she this confident?’

I don’t recall Seo Hui-jin standing out in any way, whether in the original story or during Professor Park Soo-geun’s problem-solving sessions.

Rather, from my direct observations, she seemed timid and somewhat withdrawn.

A strange intuition arose.

‘Should I just observe for now?’

Prejudice was the worst vice for a legal professional.

“I’ll answer question (1) first,”

Seo Hui-jin’s presentation began.

The meaning of question (1) was simple.

In legal terms, it was asking if she could distinguish between a ‘party’ and an ‘actor’.

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

In many cases, the two are the same.

If I go to a restaurant, pay, and order food, I am both the actor who executed the contract and the party with the obligation to pay and the right to receive the food.

The problem arises when the two are different.

In the given scenario, the actor was clearly A, who directly signed the contract.

But B claimed that he wasn’t a party, and C was demanding that B pay the money because he was the party, leading to a dispute.

‘In cases where such a dispute arises…’

“The precedent states that the party should be determined based on ‘legal interpretation’. In other words, it’s based on who the counterparty perceived as the party.”

Seo Hui-jin answered in a calm voice.

“The name and seal on the contract both belong to B, and considering the circumstances where C tricked A, it’s clear that he intended to enter into a contract with B. Therefore, the party to the contract is first confirmed as B.”

It was the correct answer.

Professor Park Soo-geun also nodded and urged her to continue.

“Next is question (2).”

This question was about the concept of apparent authority.

It might sound unfamiliar, but it wasn’t a difficult concept.

We had previously covered the concept of unauthorized agency in the pre-law class.

It was explained that if I borrowed money in Han Seol’s name without her permission, that would be unauthorized agency.

From Han Seol’s perspective, it would be unfair to have to pay back money she never borrowed, so unauthorized agency is invalid in principle.

But if you think about it carefully, it’s not just Han Seol who’s wronged.

The person who lent the money is also wronged.

They believed they were lending money to Han Seol, trusted that she wouldn’t fail to repay it because she was a good student with a good reputation, and lent the money.

But what if it turned out to be just some random thug impersonating her?

If that guy ran off with the money, how could they get it back?

It would be a bolt from the blue.

Therefore, there’s a system that allows the lender to claim the money from the impersonator, even if it’s unauthorized agency, if certain conditions are met.

That’s apparent authority.

“For apparent authority to be established, the counterparty must not have been negligent in believing that the actor had the authority,”

Seo Hui-jin continued her answer.

In short, it means examining whether the person who lent the money was truly wronged.

For example, if they knew that I was just using Han Seol’s name without her permission.

Or, if it was something they could have easily figured out with a little thought, there’s no need to protect the lender.

And the burden of proving that there was no negligence lies with the person claiming apparent authority.

Since they’re asking Han Seol, who originally has no obligation to repay, to pay the money, they have to at least provide evidence.

“In this case, C knew that A did not have legal authority from B, and he failed to prove otherwise in court. Therefore, apparent authority is not established.”

Her answer was excellent so far.

The problem was the very last part, question (3), which focused on the issue of ‘liability of an unauthorized agent’.

Article 135 (Liability of an Unauthorized Agent to the Counterparty) ① If a person who enters into a contract as an agent of another fails to prove his authority and also fails to obtain ratification from the principal, he shall be liable to perform the contract or compensate for damages at the option of the counterparty.

This wasn’t a difficult concept either.

If it ended up being unauthorized agency, and apparent authority wasn’t recognized, so they couldn’t get the money from Han Seol, it meant they had to at least get the money from the impersonator, Park Yoo-seung.

Of course, it was the least desirable option for the lender.

There was no way a guy who borrowed money by using someone else’s name would obediently repay the debt.

It was common for them to cut off contact or run away.

Still, it was better to try than to give up completely.

If they won the lawsuit and obtained a judgment and writ of execution, they could even borrow the power of the state, such as having a court bailiff dispatched, so it was a fight worth pursuing.

‘However, there are conditions for this as well.’

② When a person who has entered into a contract as an agent does not have the authority to do so, and the counterparty knew or should have known of this fact, or when the person who has entered into the contract as an agent is a person with limited capacity, the provisions of paragraph ① shall not apply.

Article 135 of the Civil Act is a system designed to protect the counterparty.

Therefore, it doesn’t protect a counterparty who is not worthy of protection, that is, if they knew it was unauthorized agency or could have easily known with a little caution.

‘And the responsibility to prove those circumstances…’

“Since the counterparty also has the burden of proof for these circumstances, in cases like this one where neither side could prove it, the liability of the unauthorized agent is not established.”

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

But the atmosphere was a bit strange.

“Uh…”

“Is that right…?”

An awkward silence and a strange stillness fell.

The students in their seats started flipping through their textbooks with puzzled expressions.

“Hmm, well done. However,”

Then, Professor Park Soo-geun cleared his throat and spoke.

“Is there any student with a different opinion?”

It was difficult to readily raise a hand.

You couldn’t earn points just by commenting on someone else’s presentation.

Pointing out someone else’s mistake without any benefit was not an easy task for this group of meek model students.

It couldn’t be helped.

This was where the delinquent had to step up.

“There’s one incorrect part.”

Therefore, I raised my hand and stood up.

“The liability of an unauthorized agent is, in principle, strict liability, and it is the precedent that the unauthorized agent has the burden of proving that the counterparty was malicious or negligent. Most textbooks and study guides also explain it that way…”

I looked directly at Seo Hui-jin, who was standing on the podium, and asked,

“Where did you learn that the counterparty has the burden of proof, student Seo Hui-jin?”

At that moment, Seo Hui-jin’s face noticeably paled.

***

Actually, I had thought it was strange from the beginning.

Seo Hui-jin had burst into tears about her lost textbook in the lounge.

But what reason was there to take out her textbook in the lounge?

Of course, when passionate law school students gather, conversations about studying could arise even during breaks, and it wasn’t impossible that she might have tried to take out her textbook to look up something and then realized it was missing.

‘So it wasn’t something I could immediately conclude…’

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

‘Her reaction afterward was also strange.’

Losing your textbook to the point of bursting into tears is a distressing and desperate situation.

Then, when I approached her saying I had found a book without an owner, wouldn’t it be a normal reaction to cling to me more actively?

But Seo Hui-jin seemed to be checking her surroundings first, and only then did she mention her name as if appealing to me.

I dismissed it for the moment, thinking that she might just be naturally timid or cautious.

“And yet, here we are.”

After class, I called Seo Hui-jin to a quiet place and started by saying that.

“Ugh…”

Seo Hui-jin lowered her head.

She quickly confessed everything.

That she was the one who stole her classmates’ books and materials, and that she took them because she heard my story in Constitutional Law I yesterday and thought she had to get her hands on my materials.

Since the materials were so neatly organized and pinpointed the important issues, Seo Hui-jin believed in their content wholeheartedly.

She even thought that if she studied them well, she could get a good score because they included questions from Professor Park Soo-geun’s previous lectures.

Everything was going according to my plan.

“What was your reason?”

Seo Hui-jin didn’t resist at all.

As if fully aware of her wrongdoing, she just lowered her head and trembled.

‘She’s the timid type.’

She wasn’t unaware that it was wrong, nor was she shameless enough to deny it.

But neither was she brave or determined enough to commit such a bold act.

Then how did Seo Hui-jin end up committing the audacious crime of serial theft?

“I was scared,”

Seo Hui-jin confessed honestly.

“Even my sister, who everyone praised as a genius, broke down after failing the bar exam. I’m much less capable than my sister, I have to work harder, but my grades don’t reflect my effort at all…”

Seo Hui-jin said she had been compared to her perfect older sister, Seo Su-jin, since childhood.

She had mixed feelings towards Seo Su-jin.

She was her role model, whom she admired and respected more than anyone else, but at the same time, she was also a source of jealousy, constantly pushing her into a pit of comparison and self-blame.

Even her sister couldn’t overcome the hurdle of law school and the bar exam.

That fact came as a huge shock to Seo Hui-jin and instilled in her the obsession that she had to do anything to survive.

The fact that she received low grades in the pre-law program only fueled this obsession.

‘So that’s how it was.’

She seemed to have tried everything she could, but the results weren’t showing.

So she started to doubt if she was on the wrong track from the beginning.

The outstanding students were studying with materials and methods that she couldn’t access.

To catch up, she had to somehow get her hands on those exclusive resources.

That was the wrong conclusion she had reached.

And that was what led Seo Hui-jin to steal.

“But you’re wrong.”

“I know. I harmed many of my classmates with my actions, and it was something I shouldn’t have done… I’m prepared to take responsibility.”

“Well, that’s obvious.”

“…?”

“You can’t become like me just by getting your hands on those materials.”

Seo Hui-jin stared at me blankly.

“Those materials you stole. I made them all myself. I poured all my know-how and understanding into every single letter.”

“Yes…?”

Simply put, it meant she had the cause and effect wrong.

It wasn’t that students who had good materials did well.

Those who do well make good materials.

Of course, well-made materials have value.

But their role is limited to helping you prepare for the exam in front of you a little more efficiently.

It’s only natural that they can’t fundamentally change your skills.

What changes your skills is the time and effort you put in directly.

The weight of the blood and sweat shed and the depth of the calluses formed.

There’s a level you can’t reach without paying that price.

“Th-then, the fact that my grades improved because of the materials…”

“Of course, that was a bluff to lure out the culprit. Did you believe that?”

“No way…”

Seo Hui-jin looked devastated.

“I’m not trying to say harsh things like ‘you didn’t put in enough effort’ or ‘you were just lazy’. Of course, you must have worked hard. Both you and your sister.”

I was someone who had also struggled a lot.

I knew better than anyone how difficult and arduous it was to study law.

“Those who failed, those who lacked achievement, didn’t necessarily not work hard.”

They also struggled with all their might.

It’s just that there were even bigger monsters out there.

“So what can we do? We have no choice but to keep pushing.”

There are fanatics in this field who burn with passion, enough to make the words “I’ve done enough, I’ve given it my all” sound ridiculous.

There are also monsters with overwhelming talent who crush others.

A mere mortal like me has no choice but to squeeze myself even harder to keep up.

Scratching the back of my hand to fight off sleep, I read until my eyes ache.

If effort doesn’t work, I revise my approach.

Like that, I keep going.

Until I succeed.

“I understand your desperation… but law isn’t a subject where you can skip steps with such shortcuts.”

Seo Hui-jin didn’t answer.

Perhaps she couldn’t.

After a moment, she raised her head and asked me,

“…What will happen to me?”

‘Well, let’s see.’

Catching Seo Hui-jin was good.

The problem was what to do with her.

I was given two choices.

One, publicly announce her wrongdoing and make her take responsibility.

To be honest, my conscience was strongly leaning towards this option.

If she had just stolen my notes, I could forgive her or use her however I wanted, but Seo Hui-jin had already harmed many students.

Of course, the damage wasn’t that significant yet, nor was it irreversible.

It was just that they couldn’t study with their missing materials for a day or two.

But that didn’t mean I had the right to decide Seo Hui-jin’s fate on their behalf.

At the very least, I had to give them the opportunity to decide for themselves whether to punish or forgive Seo Hui-jin.

‘But the problem is…’

If I did that, my original plan of putting Seo Hui-jin in my debt and obtaining the model answer materials from her sister, the Property Law Society president, would crumble from the start.

Instead of putting her in my debt, I would be reporting her.

Should I choose the benefit I aimed for, or should I follow principles and justice?

Perhaps unknowingly, Seo Hui-jin had put me in this dilemma.

I didn’t want to waste my efforts, and as someone who dreamed of becoming a legal professional, I didn’t want to turn a blind eye to injustice for personal gain.

Just as my temples were throbbing from agonizing over this, I finally realized one thing.

‘…Why should I be the one being tested and tormented?’

I had done nothing wrong.

Rather, I had made a significant contribution by catching the culprit of the theft incident, which wasn’t even resolved in the original story.

Since Shin Seo-joon hadn’t even acted yet, the students would get their books and materials back much faster thanks to my efforts.

I had already made a sufficient contribution to the public good.

Then, I shouldn’t be the one whose morality and ethics are being tested.

“Let’s do this.”

I said, facing Seo Hui-jin.