Chapter 33
Chapter 33
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Translator: penny
Chapter: 33
Chapter Title: Debate Triumph and the Invitation
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“…Therefore, according to the interpretation of the deposit contract and the principles of unjust enrichment, the plaintiff cannot acquire a claim for the return of unjust enrichment. That concludes my argument.”
Kang Hyun spun around with a grin and headed back to his seat. Woo Si-hyung nodded in satisfaction.
“You did great.”
“It was all according to plan.”
Surprisingly, Kang Hyun and Woo Si-hyung had already planned to argue in a direction that diverged from the actual court ruling in this debate.
‘Everyone’s missing something. This isn’t about the side that wins the debate getting the points. We need to show we can argue effectively even from the more disadvantaged position to score higher.’
‘Then let me set the direction.’
Fully agreeing with him, Kang Hyun had swiftly constructed and deployed the logic.
Naturally, Park Hyun-woo’s team, who hadn’t prepared for this angle at all, was thrown into panic, frantically sorting through their materials without regaining their composure.
The audience, unaware of these behind-the-scenes maneuvers, was even more astonished.
It was logic that contradicted the ruling, yet it sounded so plausible. It was an ingenious idea that could potentially overturn the verdict if the case were retried.
“Opposition, begin your rebuttal.”
As Professor Cheon Woong-jae’s tiger-like voice boomed, the student to Park Hyun-woo’s left, who had barely found one point to disrupt their argument, started to stand.
“Hey, hand it over.”
But Park Hyun-woo snatched the prepared materials by force, rising with a sinister expression.
“Right now, the opposition is ignoring the fundamental principles of law in their argument. If money sent by mistake can’t be reclaimed just because it was an error, that violates the principle of good faith, which requires considering each party’s legitimate interests and not betraying the other’s trust.”
What Park Hyun-woo pulled out was the awkwardly invoked principle of good faith from the Civil Code.
‘Phew… what a spectacle.’
The more Kang Hyun listened to Park Hyun-woo, the more pathetic his logic seemed—not even worth responding to. Kang Hyun almost felt sorry for him.
Was it shame at himself for even bothering to compete against such a low level?
His head drooped involuntarily.
Misinterpreting Kang Hyun’s reaction, Park Hyun-woo grew excited, chattering away nonstop.
“In a contract, both parties must act predictably with good faith and honesty. If one party notices money deposited by mistake, they have a duty to return it without betraying the other’s trust, and that expectation should naturally be protected.”
But at that moment,
“Excuse me.”
Woo Si-hyung, who had been sitting silently, raised his hand and cut off Park Hyun-woo’s heated rant.
His voice was soft and measured, but the timing was perfect, drawing everyone’s eyes to him instead of Park Hyun-woo.
When Park Hyun-woo had interrupted Kang Hyun, it had furrowed brows, but Woo Si-hyung did it effortlessly naturally.
This moment starkly revealed the gap in their debate skills.
“I agree with what you’re saying about the principle of good faith. Fulfilling trust and duty toward each other is right.”
“Th-that’s what I’m saying! Don’t interrupt…”
“But you just said ‘in a contract’ yourself. Was there a deposit contract related to the case between the mistaken sender and the bank, or between the mistaken sender and the recipient?”
Park Hyun-woo suddenly went silent as if his mouth were glued shut. Woo Si-hyung continued calmly.
“The principle of good faith applies to contracts under the Civil Code, so there’s no contract established between the mistaken sender and the bank, and moreover, the issue in this debate is whether that money constitutes unjust enrichment.”
Woo Si-hyung truly had an astonishing ability to grasp the overall flow of the debate.
“Additionally, the plaintiff is the mistaken sender, and the defendant is the bank, but you seem confused about that too.”
Even without fully grasping the case, he had immediately identified Park Hyun-woo’s logic and pinned him down inescapably.
“Ah, th-that’s…”
“And this seems less like a rebuttal and more like you’re mistaken and addressing a different issue altogether, so I thought I’d point it out. Of course, you’re doing fine.”
The audience, who had been intently watching, burst into laughter at Woo Si-hyung’s sudden sympathetic remark.
Even Professor Cheon Woong-jae shifted in his seat, his eyes more relaxed as he alternated glances between Park Hyun-woo and Woo Si-hyung.
It seemed Woo Si-hyung had landed a solid blow on Park Hyun-woo.
“Th-that’s not what I meant!”
As Park Hyun-woo shouted, the room erupted into even more laughter. Now without materials or anything in hand, he yelled with a twisted face.
“Fund transfers are a means for banks and branches to move large sums of money safely, quickly, and cheaply through transfer procedures. Banks fundamentally serve as intermediaries to smoothly handle massive fund movements between numerous parties! This principle isn’t about whether there’s a reason for the transfer! Does that mean mistaken transfers can’t be reclaimed?! Can’t even get back wrongly sent money from the bank? Isn’t the law flawed?!”
As Park Hyun-woo desperately shouted, the laughter-filled room suddenly fell silent.
Not because of his angry, emphatic appeal.
Rather, because Kang Hyun from the opposition side stood up with a smile.
As Kang Hyun rose casually, someone shouted “Rebuttal!” in encouragement.
Kang Hyun adjusted his posture awkwardly, then responded to the expectation with a firm tone.
“I’ll rebut.”
As Kang Hyun stepped forward to face Park Hyun-woo, the latter retreated to his seat with irritated steps.
“For reference, what the affirmative side just said isn’t at issue in this debate—it’s a concept from ‘gentleman’s agreements’ or ‘relationships of courtesy.’ It applies when there’s an expectation of good faith performance but no legal binding force, and it’s off-topic.”
Even Professor Cheon Woong-jae was visibly nodding slightly.
With conviction in his righteousness, Kang Hyun delivered his final sting to cap the debate.
“And I have a question.”
“…?”
Park Hyun-woo looked dumbfounded, so Kang Hyun smiled and stepped a bit closer.
“The affirmative side’s entire argument centers on the mistaken sender reclaiming the money, but isn’t that money to be demanded from the recipient, not the bank? In this situation, the account holder naturally profited unjustly.”
The audience nodded.
“The bank’s unjust enrichment return is just a minor part of this case. In fact, the real dispute is a civil matter between the mistaken sender and the recipient, which isn’t addressed in this debate.”
If they accepted the opposition’s logic that the bank didn’t profit unjustly but legitimately, the bank had no reason to return the money.
That didn’t mean there was no claim for unjust enrichment return against the individual who received the money via mistaken transfer.
“Answer me.”
“Y-yes?”
“Why insist it has to be reclaimed from the bank? Isn’t it common sense to demand it from the account holder for the mistaken deposit?”
“Th-that’s…”
Park Hyun-woo bowed his head, trembling.
Because it involved precedents on unjust enrichment returns, they had overlooked something so simple. It would’ve been obvious outside a debate setting, but that made it hard here.
“…I’ll answer in the surrebuttal.”
“Alright, do that. That concludes.”
But his promise to answer in the surrebuttal went unfulfilled.
After using up all their time, Park Hyun-woo forcibly shoved aside his right-side teammate, who went to the podium and said just one thing.
“We have no rebuttal. Sorry.”
The affirmative side, led by Park Hyun-woo, had raised the white flag.
No sooner had he spoken than the room buzzed with amazed and astonished expressions.
“I thought Park Hyun-woo’s side might lose, but not like this.”
“It was like kids debating adults.”
“Insane.”
“Monsters, total monsters.”
Professor Cheon Woong-jae stood as if to speak, then silently scanned Park Hyun-woo’s team, Woo Si-hyung, and Kang Hyun before clapping his hands.
“That’s it! Class dismissed. Use today’s debate as an example in your prep. And Kang Hyun, come to my office afterward.”
Carrying gasps of disbelief and surprising news, the students quickly dispersed.
Left in the debate hall were the dazed Park Hyun-woo crew, the drained Woo Si-hyung, and Kang Hyun casually bowing to the professor.
* * *
“Coffee?”
“Thank you.”
While Professor Cheon Woong-jae brewed coffee, Kang Hyun took in his office.
Piles of papers, review materials, statistics, law books. Less tidy than precariously balanced in harmony amid the abundance.
As Kang Hyun sipped his coffee, the professor spoke.
“To the point. Korea University is hosting a mock trial tournament before summer break. It’s like a preliminary to select the team for the international ‘Bismuth’ moot court alliance prelims.”
“I see.”
Kang Hyun already knew, but feigned hearing it for the first time, silently watching the professor.
“We’re forming a team of aces—students who passed the Judicial Exam first round or fourth-years heading to law school—for the tournament. I want you on the team we’re planning.”
Cheon Woong-jae’s offer was extraordinary.
Teams backed by departments for major tournaments or central clubs usually had publicly recognized members, beyond question.
So how could a first-year law student with no awards join a team led by a prominent professor?
If Kang Hyun accepted and got scouted for next month’s tournament team, the ripple effect would be huge.
Though he didn’t show it, Cheon Woong-jae was making the offer despite potential backlash or criticism.
Kang Hyun responded politely.
“Thank you, Professor, but I’ll decline.”
Surprised by the unexpected reply, Cheon Woong-jae asked,
“Why?”
“I plan to form my own team with compatible members and enter the prelims separately.”
Weighing pros and cons, a professor-led team would offer major support: easy access to materials, verification help, systematic training to build skills step-by-step. Appealing to anyone.
But something held Kang Hyun back. Joining meant enduring territorialism from established senior teammates and rivals.
He couldn’t fully showcase his abilities, having to prioritize the team and school.
That was disadvantageous and unfit for him.
Having grasped all this, it was a choice he had to make.
“….”
“….”
Silence hung between them briefly.
Professor Cheon Woong-jae silently regarded Kang Hyun, then nodded without pressing further.
“Understood. You may go.”
“Yes, thank you for the coffee.”
Kang Hyun bowed in gratitude and left the lab.
“Kang Hyun…”
Cheon Woong-jae had already investigated the student’s family background and hardships. That’s why he hadn’t overlooked him.
In truth, he’d expected Kang Hyun to have many shortcomings, especially worrying about ‘leadership.’ But Kang Hyun surpassed his expectations.
He had the charisma to gather and attract people, already preparing followers.
“Truly… a talent.”
Cheon Woong-jae stared at his coffee for a long while, then wore a smiling expression seen only by his close friend, Dean Kim Jong-hwan.