Chapter 116
Chapter 116
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Translator: penny
Chapter: 116
Chapter Title: Bill of Lading Battle
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The next day.
It was the day of the case disclosure ahead of the finals, for submitting written arguments.
Woo Si-hyung and Yoon Chan-rim had gathered at Standing Avenue, racking their brains over the case analysis without a break.
This was the first time in the competition so far that they were struggling this much with case analysis. As it was the finals, the presented case was complex and highly advanced.
"Analyzing the case comes before devising a defense strategy."
Kang Hyun judged that he had a lot to do in this match.
The Bismuth international competition—many drank the cup of defeat because of the infamous international trade issues.
It was a field that was hard to experience without special preparation.
And this judgment was spot on.
Once the case topic was announced, the three of them were at a loss for words at first. There were more than one or two things to scrutinize; this was practically at the level handled by professionals.
"What's a bill of lading?"
"Do we have to check jurisdiction in this case too? There's already an agreement in the contract..."
By the time Woo Si-hyung and Yoon Chan-rim were buried in the case summary and evidence materials, heads in hands, Kang Hyun thought he should first organize the terms and case overview for them.
Grasping the case was their own job, but shortening that time was his role.
"This case is a damages lawsuit related to maritime cargo transportation. A 'bill of lading' is a right that allows the holder to receive the cargo immediately upon arrival at the destination port, the discharge port."
Kang Hyun sat beside them and began explaining in an easy-to-understand way.
"The bill of lading number is PHB01-341. The cargo in this case is 'wood chips'—wood cut into chip form. Outside this case, West Sea Pulp Co., Ltd. contracted with Hong Kong Hana Co., Ltd. to import 30,000 tons of wood chips and bring them to Ulsan Port. At that time, the bill of lading is the document promising to transport the goods and deliver them to the bill holder."
"So, our plaintiff side, the Foreign Exchange Bank, bought this bill of lading and paid the money for it?"
"Exactly. Two million eight hundred thousand dollars. About 2.646 billion in Korean won. But West Sea Pulp went bankrupt, so the bank is in a panic. They're left holding just the bill of lading without the money. They tried to do something with the wood chips right away, but the defendant, Kawasaki Corporation, had already delivered all the wood chips to West Sea Pulp, who had no bill."
"Why would they deliver it to them without the bill?"
"The defendant's claim is that West Sea Pulp submitted a guarantee and requested delivery without the bill of lading. They're saying it's not their responsibility, but West Sea Pulp's fault."
"So right now, the bank has to demand compensation from the already bankrupt West Sea Pulp."
"That's why we're helping the bank argue that defendant Kawasaki Corporation should pay damages."
Having finished explaining, Kang Hyun began scanning down the list of materials.
There were dozens of contentious points in this case. But the most important few jumped out, and a picture started forming immediately.
How the trial would proceed was also a key point, but the most crucial one among them caught his eye.
"If it's this case's bill of lading, Clause 27 of the terms: Litigation arising from contracts included in or specified on the bill of lading shall be governed by Japanese law, and litigation against the carrier shall be under the jurisdiction of the Tokyo District Court in Japan."
"Japan?"
As Kang Hyun finished speaking, Yoon Chan-rim said gravely.
"This lawsuit was filed in our country, but jurisdiction is agreed to be Japan. It's ambiguous because it's maritime trade, but this is disadvantageous to us."
"Still, it's an agreement between plaintiff and defendant. Shouldn't we first transfer jurisdiction to Japan and think from there? Even if it's unfavorable to us..."
Woo Si-hyung was still racking his brains, but he cautiously offered his opinion. He thought they should step back a bit.
They had to decide here.
The jurisdiction issue was a preliminary objection before delving into the merits.
Time was limited, and investing effort to overturn this would drain energy from other discussions relatively.
So the other side might be preparing assuming jurisdiction would naturally be settled per the back clause.
Kang Hyun glanced briefly at the evidence numbers marked on the materials list.
The case scale was no small matter, so transferring jurisdiction would double the preparation time.
Moreover, the opponents were the Japanese team.
Seok Ji-hoon, proficient in both legal systems, was firmly in place. They would know this situation well too.
"..."
Seok Ji-hoon's expressionless but sharp face flashed by. He would have some grasp of Kang Hyun's side's strategy. They couldn't get dragged into their pace.
"Alright. Let's do this: Drag them down before even the merits."
Kang Hyun finalized his decision.
It would be advantageous to cling to this point from the start. So with a confident expression, he said,
"We can't lose jurisdiction."
"Sounds good."
"Let's do it."
But after agreeing positively, Woo Si-hyung hesitated. Catching his glance, Yoon Chan-rim also smiled awkwardly.
"But how do we do it?"
"It's not easy. The Clause 27 back agreement explicitly states that 'any action' follows Japanese law, so it could be argued there's no room for exceptions."
That was right.
They had the direction, but the method was the problem.
They needed a powerful argument strong enough to override the agreed back contract. They didn't have it yet.
Kang Hyun closed his eyes briefly and sank into thought. How to find a simple, clear method.
"First, let's look for grounds to interpret it as an invalid legal act."
And so, their preparation for the final Bismuth mock trial began.
They had only three days.
One day had to be spent entirely on written submissions, and in the remaining two, perfectly organize materials and build the logic to carry the trial.
They decided to stick to the initial direction and strategy.
The plan: Cling from the outset. It was Kang Hyun's team's specialty, stabbing at the opponent's blind spot.
If it worked, they would gain at least half an edge over the opponents and lead the entire trial advantageously.
Conversely, if it failed, all their efforts for it would be in vain.
However, Kang Hyun thought they had to go with this strategy precisely because of that.
'Time is something you create.'
What better way than to stretch time efficiently, invest maximum preparation, and gain an advantage.
Thus, their fierce war preparation began.
Pulling all-nighters was a given; napping in conference rooms or reading rooms while pushing trial prep was just like the routine of a big law firm squad handling a major case.
But it was enjoyable.
The small thrill bubbling up in the team.
It was like the excitement surging when final victory loomed in Korea University's first mock trial competition.
Everyone knew well the moment this emotion turned to thrill, so they whipped their galloping horses without rest.
Dawn turning to morning, the city as daylight broke.
Buses starting to move, crossroads where commuting cars began running, a large building.
It was the Ministry of Foreign Affairs.
The Bismuth venue was hurriedly preparing for the finals, with staff, production crew, and managers passing through the building in turn to start their roles.
But behind the opposite building.
Between shaded buildings, there was a small alley, very narrow with scarce foot traffic.
A man standing leaning against the back wall.
Standing obliquely in the shadows, from afar only his silhouette was visible, but it was early morning.
Anyone with business with him had no reason not to recognize him despite the silhouette.
Click-clack.
Someone approached with the sound of high heels.
Without dawdling or hesitating, she strode straight up and stood brazenly before him. Then she immediately called the name of the man waiting for her.
"Seok Ji-hoon."
"Good to see you after all this time, Professor."
A polite bow.
She smiled faintly at his greeting. The sun was rising, making her face hazy, but Seok Ji-hoon recognized her immediately.
It was Professor Park Min-ha.
She held a brown envelope, which she handed to Seok Ji-hoon as if pre-arranged.
He took it casually, tucked it inside his jacket, and bowed again.
"Once you skim it, you'll know the breakthrough."
"Breakthrough is a word for when you're in crisis. This is just a 'shortcut to save time.'"
"Your overflowing confidence is the same as ever. Good luck. And give my regards to Vice Minister Gong."
Whoosh.
Professor Park Min-ha turned expressionlessly, then turned back toward Seok Ji-hoon.
"Oh, one more thing."
"..."
"Don't get the wrong idea. Pure skill can't handle Kang Hyun. That's why things got this troublesome."
Click-clack.
"..."
Seok Ji-hoon stood motionless, watching her until she disappeared.
Crunch.
Then he crumpled the envelope with one hand. He couldn't quell his crushed pride.
Waiting room.
'This really is the last one.'
As the time approached, his mind grew calm. Kang Hyun closed his eyes and focused his thoughts.
His first mock trial had brought a thrill. The pleasure of returning to where he belonged. The confidence that he could flaunt his talent freely.
The next emotion that surged was passion.
Like a general craving the battlefield, a charger anticipating the rush into enemy lines.
In this place, confidence swelled that he could accomplish anything.
Because he had the power to save or condemn the opponent.
But now he had surpassed all that.
For his first step into the world championship, to end beautifully, he needed to be cool-headed.
Beware arrogance, embrace humility.
Kang Hyun knew well that was the way to avoid mistakes.
"Whew."
- All teams, please proceed to the courtroom.
"Let's go."
Kang Hyun stood up.
Woo Si-hyung and Yoon Chan-rim did the same.
His heart raced, but not as fiercely as usual. Just the right tension, a relaxed power moving him calmly.
"This way."
A staff member from the organizers guided the team, and then an interpreter took position diagonally across, exchanging greetings.
Ding-dong.
- The finals will begin shortly.
They sat and waited only briefly before the LED scoreboard at the back of the courtroom displayed the match start message.
"Quite a crowd."
"Si-hyung oppa, don't mind them."
"Ah, sorry. Shall we check the materials once more?"
Yes, now it begins.
Time to focus.