Chapter 118
Chapter 118
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Translator: penny
Chapter: 118
Chapter Title: Seok Ji-hoon's Rebuttal
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Seok Ji-hoon, who had been quietly holding his position, finally rose from his seat.
"Honored Presiding Judge."
It was only natural that all eyes turned to him, and he opened his mouth with precisely the right intensity, pitch, and tone.
"While I acknowledge that the plaintiff's argument has merit, our jurisdictional objection is not related to any advantage or disadvantage for the original defendant and plaintiff. Rather, it was raised to question the legality of this trial itself."
As he spoke as if Kang Hyun's side's claim was insignificant, the courtroom froze.
Like a skilled trainer effortlessly taming a wild beast, he had quelled the excitement of the entire courtroom.
Seok Ji-hoon was distinctly different from Kang Hyun.
If Kang Hyun was the God of War who could set the courtroom ablaze, Seok Ji-hoon was the strategist who could freeze everything cold.
His words were so chilling and precise that no one could even think of rebutting them.
He continued in a calm yet resolute voice.
"Placing the governing law in Japan does not create any particular advantage for our defendant. Nor does it contain anything disadvantageous to the plaintiff. Therefore, it was not an objection open to dispute."
It was a way of saying it was something to be adjusted, not fought over.
David Jeong's eyebrows twitched.
"Hmm."
Kang Hyun and Seok Ji-hoon could both sense this was an expression of satisfaction.
However, Seok Ji-hoon's actions didn't end there, merely scratching the judge's itch.
In an instant, he not only wrapped up the controversy but also nullified the points Yoon Chan-rim had painstakingly earned, reducing them to zero.
"If that was your thinking."
The presiding judge then spoke.
Unusually, he looked directly at Seok Ji-hoon and addressed him approvingly.
"Defense. We are well aware of the concerns raised by counsel."
"Thank you."
"Supplementing the defense's statement: On the surface, that back-side clause seems to challenge the legality of this trial. However, pursuant to Article 13, Paragraph 1 of the Choice of Law Act, this trial is governed by the laws of the Republic of Korea, as the place of the tort is Ulsan Port. Proceed henceforth to arguments on the merits."
Murmurs rippled through the room.
-What happened? The plaintiff's argument seemed solid, didn't it?
-Yeah, guess not.
-So, it's hard to say the plaintiff scored any points?
From the judges' reaction, the audience seemed to think Yoon Chan-rim had fallen into his own trap.
Of course, Yoon Chan-rim was displeased that his clever ploy had worked against him, so he shot Seok Ji-hoon a glare. In his frustration, his body trembled slightly, and his face hardened considerably—enough to fuel the spectators' impressions.
In contrast, amid the reversed atmosphere, Seok Ji-hoon merely stared at Yoon Chan-rim expressionlessly.
Yoon Chan-rim tried to ignore his gaze and force out the breath catching in his throat, but failing that, his expression only grew stiffer. The murmurs in the room swelled rather than subsided.
"..."
Eventually, deciding avoidance would cost him, Yoon Chan-rim boldly met Seok Ji-hoon's eyes head-on.
Sparks flew.
Their gazes clashed.
Yet Seok Ji-hoon continued to regard Yoon Chan-rim impassively.
As if utterly unconcerned by the situation.
But the trial had to continue.
While the defense's strategy had been rendered moot, the judge urged them to begin arguments on the merits.
In other words, Seok Ji-hoon had swiftly pulled them into the main game. He had toppled with one blow the tower Yoon Chan-rim had carefully built.
In the end, Yoon Chan-rim plunged into his statement as if shoved, while the bench watched the plaintiff side with sharp eyes.
"Then... we begin the statements. The plaintiff, Korea Exchange Bank, is the holder of the bill of lading."
However, being dragged into the main game didn't mean Yoon Chan-rim would yield to Seok Ji-hoon.
He possessed solid skills.
"Due to the defendant's illegal delivery of the cargo, the plaintiff has suffered enormous damages. Based on Evidence List A-1 through A-4, A-7 through A-16, B-1 through B-4, and the testimonies of the listed witnesses, we request an order directing the defendant to pay the plaintiff 2,569,476,891 won."
A systematically prepared damages claim in the lawsuit.
Without any special tricks, Yoon Chan-rim began the work of delving into each issue head-on, firmly rooting his case.
Five minutes, ten minutes.
As Yoon Chan-rim's statement lengthened, he regained his composure, and the courtroom quietly listened.
Seok Ji-hoon, for his part, simply listened without much response. Even to claims heavily baited to induce objections and dig traps, he didn't raise his hand.
Past the ten-minute mark.
Yoon Chan-rim continued.
"Let us confirm the bill of lading terms. Evidence number..."
The main thrust was responsibility under the contract terms of the bill of lading central to the case.
They had contracted, so responsibility followed.
Since the accident occurred, naturally, the party that contracted to bear responsibility must do so—a legitimate claim.
In any case, with neither side gaining from the jurisdiction debate, as planned, this round was to be an unrelenting offensive from Kang Hyun's side.
Emboldened, Yoon Chan-rim argued even more solidly and forcefully.
"...Therefore, the defendant must bear responsibility for delivery of the cargo equivalent to 2,569,476,891 won, calculated as the invoice value of this shipment's cargo at the exchange rate on the date of loss, per the bill of lading in this case. That concludes our statement."
-Wow, he's good!
A faint gasp escaped from the gallery.
It was no surprise; it was a clean, flawless argument leaving no room for rebuttal.
There were no flaws in the content, nor any omissions of essential points.
It was on par with statements from seasoned lawyers or prosecutors.
Even Kang Hyun wanted to applaud his competence.
But this was where it began.
No one in the room had truly witnessed Seok Ji-hoon's skill before.
"Defense, proceed with your argument."
Glint.
As the bench turned, Seok Ji-hoon's eyes flashed.
Scrape.
"Defense begins. First, I have heard the plaintiff's full statement."
A leisurely start.
Yet everyone felt the immense weight in his words.
"The plaintiff made a mistake."
"...?"
"A very big mistake."
At Seok Ji-hoon's bold declaration, everyone froze.
What mistake in such a solid argument?
"..."
Yoon Chan-rim nearly scoffed in disbelief.
-What's the problem?
-Yeah? A mistake?
Even the people in the back attentively listening looked incredulous, so an explanation was now needed.
'No way.'
But at that moment, Kang Hyun alone strongly intuited something.
From Seok Ji-hoon's eyes and the ominous aura creeping up.
He vaguely caught that his side had overlooked something.
The reason they raised the merits-objection then slipped away like the ebbing tide, leaving Yoon Chan-rim alone to boldly counter Japan's claim...
"Prior to the merits, as both original parties acknowledged in the objection phase, even if the bill of lading terms stipulate it, the validity of this contract clause must be interpreted; we cannot presuppose its validity. Plaintiff, do you acknowledge?"
"...Of course."
"You do. Then let's examine it. The responsibility for cargo delivery in Article 3 of the bill of lading terms pertains to voyage charter contracts. The defendant is merely a time charterer, so there is room for exemption from the carrier's obligations."
"Exemption?"
A trap.
Yoon Chan-rim was already caught.
"Plaintiff, do you know the difference between voyage charter and time charter contracts?"
"They're both just charter contracts."
"Voyage charters calculate hire based on the voyage, while time charters base it on duration. There are clear differences in scope, such as fuel costs and other indirect expenses—they are distinct types of contracts. Thus, Article 3 does not apply to the defendant."
"That's sophistry."
"If the contracts are of different natures, isn't forcing them together the real sophistry?"
Yoon Chan-rim struggled to retain control but, unable to rebut, turned and urgently cried out.
"Your Honor! The defense is excessively narrowly interpreting the contract between plaintiff and defendant!"
"Then why did you narrowly interpret the jurisdiction agreement in Article 27 of the bill of lading terms?"
"Since it's about agreement, a narrow interpretation is reasonable."
"Then what about Article 3?"
"Article 3..."
"Even if counsel's duty is to interpret favorably for the plaintiff, there's a limit. Isn't this lording over the law?"
"It's legitimate advocacy! Lording is an overstatement, isn't it?"
"You're using 'legitimate' too lightly as well."
As Yoon Chan-rim and Seok Ji-hoon clashed like sparks, David Jeong raised his head and sharply eyed both sides.
An instant surge of presence, a heavy atmosphere.
"Silence in the court."
The judge calmed the room to settle the mood.
"Contract interpretation starts with the text, but when there's disagreement, we must reasonably consider the parties' intent, trade customs, motives for formation, etc. Raising voices over interpretive scope—what is this?"
"...My apologies."
"My apologies."
Yet he showed no intent to reserve judgment as presiding judge.
Leaning into the microphone, he ruled on each argument.
"Considering the circumstances, this court finds the plaintiff more reasonable on back-side clause Article 27, and the defense on Article 3. All objections thereto are dismissed."
Bang, bang, bang.
"D-dismissed?"
Yoon Chan-rim's pupils trembled.
A shocking ruling.
Interpreted literally, on the pre-merits objection, it favored Yoon Chan-rim; on the merits argument, Seok Ji-hoon.
In effect, Seok Ji-hoon had won by decision in their duel.
Yoon Chan-rim's defeat was declared in an instant.
He struggled to suppress his flushed, excited expression, while Seok Ji-hoon's team clenched fists and encouraged each other.
Only Seok Ji-hoon showed no reaction, as if the bench's ruling was a given.
"Court adjourned briefly; we will reconvene shortly."
Murmurs.
-Seok Ji-hoon turned it around in one shot.
-The plaintiff's in a tough spot now.
The recess buzzed with surprise, and Yoon Chan-rim dejectedly left for the waiting room.
He was drenched in sweat.
Kang Hyun and Woo Si-hyung quickly followed him.