Chapter 117
Chapter 117
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Translator: penny
Chapter: 117
Chapter Title: Jurisdiction Clash
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It was early morning, but the mock courtroom—larger in scale than expected—was already bustling with people.
The staff were busily arranging the judge's bench, as it was set to be occupied by a panel of renowned legal experts from various countries acting as judges.
Reporters dashed about in their designated seats, scrambling for the best spots to set up their cameras.
Some of them craned their necks, peering toward Kang Hyun's team's plaintiff seating area in search of him.
Ding-dong.
—The court is now in session.
With the announcement, the judges for the final round of the World Mock Trial Competition began taking their seats.
The room fell silent without any special request.
—We will now introduce the presiding judges. Associate Justice, from the World Judges' Representative Conference...
The introductions went on for quite some time. Even the associate justices were prominent legal scholars from abroad whose names anyone in the legal field would recognize from papers or case law.
And then the chief judge.
—Chief Justice, David Jeong of the U.S. Federal Court of Appeals.
The man in judicial robes stood and spoke.
"I'm David Jeong. I greet both sides."
He was a famous Korean-American judge. The audience, unfamiliar with him, buzzed in surprise at his unusually clear Korean pronunciation.
Those who knew him contributed to the commotion as well, though for a different reason.
"David Jeong asks a ton of questions to both sides and sharply probes anything that doesn't make sense as a judge. I hear he once pushed a big-firm lawyer to tears."
Yoon Chan-rim whispered just loud enough for Kang Hyun and Woo Si-hyung to hear.
Woo Si-hyung frowned at the words, but Kang Hyun turned his gaze not to David Jeong, but to the opposing side.
To the one person currently grating on his nerves.
Seok Ji-hoon.
"..."
He sat in a light jacket, staring straight ahead with piercing intensity.
His expression remained unreadable, and he occasionally tapped his fingers lightly, as if mulling something over.
At times, his gaze shifted to someone else...
"...?"
Kang Hyun found the recipient of that look puzzling, but there was no time to dwell on it.
"...With that, Plaintiff Team Korea 3 and Defendant Team Japan. Greetings between the teams."
Kang Hyun stood, lifting his head to meet Seok Ji-hoon's eyes.
Seok Ji-hoon looked back at him.
"..."
At the same time, Kang Hyun calmly scanned the rest of the opposing team.
The two teammates with Seok Ji-hoon were Japanese students, neither verified powerhouses nor celebrities in terms of skill or fame.
In other words, they weren't people Kang Hyun would recognize—which meant this team revolved entirely around Seok Ji-hoon.
Clap, clap, clap.
Applause poured in.
Click, click.
Shutter sounds followed.
But perhaps due to preconceptions, there were occasional boos aimed at Seok Ji-hoon.
Boos loud enough for everyone to hear clearly. Yet the opposing team and Seok Ji-hoon seemed utterly unfazed.
"Please be seated and prepare for the competition."
As all noise died down and both teams sat, the faint sound of the chief judge tapping the microphone echoed.
Tap, tap.
"Let's begin."
Chief Justice David Jeong spoke, and the final round finally commenced.
In that moment, Kang Hyun felt something dormant within him flash awake.
It was a first-time sensation.
A whisper assuring him he could do it.
That he could dissect everything with sharper, colder precision than anyone. Something kept whispering that to him.
Scrape.
The chair slid back briefly, and Yoon Chan-rim was the first to stand.
Plaintiff side, lead counsel Yoon Chan-rim's opening statement.
"Plaintiff's counsel for the plaintiff, delivering opening statement."
Everyone in the courtroom, watching his calm rise piercing the tension, braced to be drawn into his words.
But then.
"Your Honor. Before the plaintiff's opening statement, the defense raises an objection regarding jurisdiction."
"Your Honor, the plaintiff requests to address jurisdiction."
One member of the opposing team shot up a hand and urgently addressed the court in Japanese about jurisdiction. The waiting interpreter immediately conveyed their intent.
In short, the defense had struck first. A preemptive move.
But Kang Hyun wasn't surprised.
'As expected.'
Objecting before the plaintiff's opening was rare, but Kang Hyun had anticipated it perfectly.
Their objection was undoubtedly aimed at challenging jurisdiction over the case.
"This case involves the plaintiff, as holder of the bill of lading, seeking damages from the defendant carrier for unlawful delivery of cargo.
Article 27 of the terms on the back of this bill of lading stipulates an exclusive jurisdiction agreement. It states that 'any disputes arising from contracts included in or specified on this bill of lading shall be governed by Japanese law.' Thus, this suit filed in a Korean court lacks jurisdiction."
The chief judge pursed his lips, his expression sharpening briefly.
"So you're saying the plaintiff's claim itself is procedurally invalid?"
"Yes. The jurisdiction agreement on the back of the bill of lading reads as follows: Article 27. Unless otherwise specified, contracts evidenced or governed by this bill of lading shall be governed by Japanese law, and any suit against the carrier must be filed in the Tokyo District Court of Japan."
"Hmm."
"In other words, we request this case be transferred to the Tokyo District Court of Japan."
The associate justices' faces mixed admiration and discomfort in furrowed brows.
Murmurs rippled through.
From the start, the courtroom blazed with heated energy from the gallery.
To laypeople, it seemed incredibly rude, but to legal experts, it was a cunning, clever strategy by the defense.
Undermine the trial's very premise, rendering the plaintiff's arguments meaningless, and shift the case to a Japanese court for an advantageous position.
It was novel and an attack the plaintiffs couldn't easily counter.
The clause they cited was from the fine print of the contract.
A textbook example of how a single small phrase could create massive waves.
"..."
But Kang Hyun's eyes sparkled as he glanced at Yoon Chan-rim.
This was the strategy he'd prepared for first and foremost.
His team had come ready to never cede jurisdiction, and Yoon Chan-rim calmly raised his hand to rebut without a flicker of change in his expression.
"Your Honor, I object."
Considering the chief judge's fluency in Korean, he began his argument in Korean.
David Jeong nodded.
"For an exclusive international jurisdiction agreement designating a foreign court to be valid, the case must have a reasonable connection to that foreign court."
"The exporter of the cargo in this case contracted with defendant Kawasaki Co. for shipment, and the cargo was transported on a vessel owned by the defendant."
The opposition countered immediately, but Yoon Chan-rim pressed harder.
"Both the plaintiff and the importer of this cargo, Seohae Pulp, have their principal offices in Korea. They are Korean corporations with Korean representatives and employees, and the destination is Ulsan Port in Korea—wholly unrelated to Tokyo."
Yoon Chan-rim's specialty.
He drew eyes with his persuasive tone, then guided judgment with cold, objective facts.
The judges delved into the debate from the outset based on both arguments.
What seemed like it would conclude quickly dragged on, as they couldn't easily side with one over the other.
The eventual ruling was simple.
"Having heard both sides, the connection appears to conflict equally."
A draw.
The Japanese team member's face soured, but Yoon Chan-rim accepted the outcome with satisfaction and prepared for the next phase calmly.
"Your Honor. However, if an international jurisdiction agreement is manifestly unreasonable and unfair, it constitutes a legal act contrary to public policy and is void."
"...Public policy."
"Looking at the agreement itself, it mandates suits against the carrier—the defendant—in Japan, where the defendant's office is located. But for suits by the carrier, there's no clear provision, allowing interpretation that the carrier can sue wherever convenient. This violates public policy."
"Isn't that subjective, open to interpretation?"
"There are too many objective points to argue. All evidence needed—witnesses and documents—is in Korea. How would we summon witnesses or exchange documents if transferred to Japan?"
"This is a mock competition!"
"Your Honor, opposing counsel is desecrating this sacred courtroom. They're ignoring the principle that competitions presume real trials."
Tension flowed through the room as the fierce back-and-forth continued from the start.
Gasps long and short mingled with murmurs from the back.
-Whoa.
-The plaintiffs are making sense.
-The defense is getting heated.
But the gallery's opinion already leaned toward Yoon Chan-rim.
The judge nodded as well.
Seizing the momentum, Yoon Chan-rim added emphatic gestures for the knockout blow.
In this first skirmish, he bombarded the opponent like missiles from all sides, while they desperately defended.
"Finally, while the defense cites Article 27 of the bill of lading terms, it cannot be interpreted as exclusively applying governing law even to damages claims based on torts. This provision in the contract should be seen as merely governing law for simple breach of contract."
"That's a statement ignoring the contract's validity!"
As fierce protests erupted from the opposition over Yoon Chan-rim's words, the judge intervened.
"Quiet, everyone!"
Bang, bang, bang!
The chief justice slammed the gavel, halting their clash.
"We rule."
And the panel delivered a startlingly swift decision.
Anxiety hung thick, unwilling to release the tension, and Yoon Chan-rim swallowed dryly for a moment—but fortunately, the chief judge's arrow aimed at the opposition.
"Conducting the suit in Tokyo would not be reasonable for either side. The defense's jurisdictional objection is overruled. Denied."
'Yes!'
Kang Hyun clenched his fist, watching his preparations land perfectly. Victory felt within reach.
But then.
As he instinctively glanced at the opposition.
Something felt off.
"...?"
Seok Ji-hoon was watching Yoon Chan-rim with arms crossed, his face brimming with amusement, as if enjoying a show.