Chapter 26
Chapter 26
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Translator: penny
Chapter: 26
Chapter Title: Meeting the Lawyer
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Those fucking experts, they really don't help at all!
"...So, you're saying you came all the way to America simply to avoid paying the money?"
David, the lawyer sitting across from Ji-hoon, asked incredulously, his face a mask of disbelief.
He was a veteran attorney with extensive experience in international litigation, introduced through Lucas.
True to his reputation, his consultation fees were outrageously high.
Minimum $500 to a maximum of $900 per hour.
In Korean won, that was 650,000 to 1.2 million per hour.
Ji-hoon didn't want to waste a single minute or second.
"...Yes, that's right?"
Ji-hoon stared back at David with an expression that said, What did I get wrong?
David let out a deep sigh.
"Let me summarize. After your divorce in Korea, you received a property division judgment but came to the US to avoid paying it. Recently, you got papers from the Korean court ordering you to submit a brief in preparation for argument. Is that correct?"
Ji-hoon nodded at his words.
"Yes. I really, really, really don't want to give her that money. What should I do?"
David felt a fresh wave of absurdity.
Is there really a lunatic like this in the world?
He sighed again and began his explanation.
"You seem to be under a major misconception. Coming to America to avoid paying... In a way, that's only half right."
"What do you mean?"
"It's true that if there's no enforceable property in Korea under your name, the Korean government or courts can't do much about it."
At those words, Ji-hoon's face lit up for a moment.
"Yes! That's what my Korean lawyer told me too!"
"But!"
Ji-hoon swallowed hard at David's firm tone.
"If the Korean litigant—your ex-wife—brings the Korean judgment to a US court and files suit, the US court will seize your assets here in America by force and make you pay."
"No way! Why?!"
David took a sip of water to moisten his throat and continued.
"Because in this scenario, the US court doesn't act as a trial judge but as an 'enforcer.' Its role is solely to verify whether the Korean court's judgment was issued fairly and through proper legal procedures. If it determines that it was, it approves enforcement within the US. This is called the 'recognition and enforcement of foreign judgments' and follows the principle of 'international comity.' In other words, your claims about your wife cheating or not contributing to the marriage—those have already been addressed and resolved in the Korean court. That's the substance of the trial. The US court won't reexamine those merits."
At David's clear explanation, Ji-hoon was utterly dumbfounded.
His escape plan, which he'd believed was perfect, was shaking at its roots.
Snapping out of his daze, Ji-hoon clung to one last shred of hope and asked,
"Then... just one more question."
"Yes, go ahead."
"What if... I become a US citizen? Would that change the judgment at all?"
David's face twisted in disbelief once more.
Where do these people get this nonsense...?
He cut it off bluntly.
"Whether you obtain citizenship or not has zero impact on the enforcement of this judgment."
At those words, Ji-hoon truly felt like the sky was collapsing.
No, then what the hell was all this suffering in America for?!
"I... I heard that because of issues with national wealth outflow... US courts are more cautious about enforcing foreign judgments."
David let out yet another deep sigh.
Today, he was sighing more than usual because of this Eastern client.
"You need to look at this from the US court's perspective—the essence of the case. An individual who entered into a marriage under Korean law has incurred a monetary obligation for property division through Korean judicial procedures. The key question is: Can that obligation be enforced in the US?"
David took another sip of water, his throat apparently dry.
"What's crucial here is the individual who incurred the debt itself—not whether they're an American citizen or Korean. Your nationality has no bearing on the debt's validity. Simply put, it's like Korean Kim Ji-hoon racking up the debt, and later US citizen Jihoon Kim paying it off. Same person means a change in nationality doesn't erase legal responsibility."
Ji-hoon felt like he was losing his mind.
No, you Stock Gallery bastards! This is totally wrong! Fucking experts, you're no help at all!
He gazed at David with desperate eyes and pleaded,
"Then... is there really no way out?"
At Ji-hoon's words, a confident smirk crept across David's lips.
"Client?"
"Yes?"
"Where do you think you are?"
"Am... America?"
"Exactly. The heart of capitalism—America."
David's eyes gleamed sharply.
"If you're willing to pay enough money, this is a fight absolutely worth taking on."
In that instant, to the despairing Ji-hoon, it seemed like a brilliant halo was emanating from David's body.
Aah, sir... You're glowing. Ooh, so dazzling!
To Ji-hoon, David looked like a savior.
David gazed at Ji-hoon's desperate expression for a moment before offering more advice.
"If you receive consular service and still don't submit your brief, you'll lose without even fighting. The US court will deem you as having acknowledged the Korean judgment—the debt—and issue a default judgment immediately. From that point, legal seizure proceedings can begin on all your bank accounts and assets in the US."
He set aside the documents and looked Ji-hoon straight in the eye.
"How do you want to handle this? Is your goal simply to avoid paying? Or do you want revenge?"
Over the nearly two-hour consultation, Ji-hoon had vented his grievances.
It was closer to complaints—he simply couldn't accept the Korean court's judgment.
Even David, from an American lawyer's perspective, found it hard to grasp Ji-hoon's situation.
"To be frank, if this were America, your ex-wife probably wouldn't get a dime, prenup or no prenup."
"Right!? That's why I'm so wronged I came all the way here!"
"From what you've said, it seems your ex hasn't hired a US lawyer yet. Alright, straight talk, client."
Ji-hoon swallowed hard at David's words.
"Fighting the substantive merits of the Korean judgment in a US courtroom is, in fact, extremely disadvantageous."
"Is that so...?"
Disappointment flickered across Ji-hoon's face.
"But,"
David's eyes sharpened.
"Even if we lose the enforcement suit here in the US, I can ensure your ex-wife doesn't take a single penny. And if we win the trial? Your ex-wife will taste hell."
David added,
"Is your ex-wife financially well-off, by any chance?"
"...No? She's probably broke since I haven't paid her anything. The house isn't luxurious either."
"Perfect."
David thought for a moment and muttered to himself.
"Hmm... If you were a US citizen, there'd be way more options... Too bad."
But obtaining citizenship would take at least a few more years.
"No helping it, I guess."
Ji-hoon said with resignation.
"Then for now, I'll submit the brief. If she hires a US lawyer and comes at me with a suit... can I formally retain you then?"
"Of course. Come find me anytime."
"Thank you so much for the consultation today, David."
"Take care."
Ji-hoon and David rose and shook hands.
As he watched Ji-hoon leave the consultation room, David smiled with interest.
First time handling a case like this. But... this could be fun.
A Korean man who crossed the Pacific with his entire fortune just to avoid paying his cheating wife.
For the first time in ages, David felt a thrill at the prospect of an intriguing case.
Can't win, ma.
"Can't win" as a mindset—in short.
The consultation with David was incredibly enlightening.
Yeah, fuck it. If the law says so, what can I do?
But seeing that guy's confidence, he must have some tricks up his sleeve.
I'd squeezed it in during the lunch rush break time, so I had to hurry back to the restaurant.
I'd begged Amy to hold down the fort in my absence, but a restaurant doesn't run properly without its owner.
A fair number of regulars came specifically for me, after all.
Making regulars is tough, but losing them happens in an instant.
That's why running a business is so damn hard.
Back at the shop, luckily everything was running smoothly without issues.
Ah.
I want citizenship.
David said there'd be more options if I had it.
What exactly that meant...
He didn't spell it out in detail, but there had to be something.
But I've only been in the US a little over a year.
Citizenship takes at least three years, usually five or more.
I didn't know what extra options it'd unlock, but it was a shame from my perspective.
Ah.
If it were as easy as in Korea, it'd be pure honey.
America's strict as hell.
Lately on Korean news, even Chinese folks seem to get citizenship easily.
Definitely lax.
Ah. Anyway, what do I write in the brief?
Hey judge, if it were you, after two years with a cheating bitch, would you split assets half-half? Lol.
God, I wanted to write something like that.
But if I did,
"Ahem! How dare you insult this sacred court!"
And bam—gavel to the head.
Reality ain't a forum.
Ah. Should've just lived quietly once she knew I bolted. No conscience at all, that bitch.
Thinking of Ji-su suddenly pissed me off again.
Too many thoughts swirling—my hands weren't steady even for the afternoon shift.
Finally wrapped up closing and got home. Showered first thing.
Chikachikachika!!
Furious teeth-brushing. Checked the time: 10 p.m.
Uncle should be up by now...?
I calculated the time difference and called my maternal uncle.
"Hello? Uncle?"
"Yeah, Ji-hoon. What's up, calling this late."
"Uh, I got papers from Korea ordering me to submit a brief."
"Alright? Want me to draft and file it for you?"
"Yes, please, Uncle. I know the judgment won't change anyway, but could you drag it out as much as possible? I consulted an American lawyer today too, and I need some prep time."
"Prep? For what?"
I gave him a quick rundown of my chat with David.
That we need to prepare for a potential suit in the US.
"Yeah. If they hire a US lawyer and file for enforcement..."
"Huh? What do you mean, Uncle?"
At my question, Uncle chuckled heartily.
"Haha, Ji-hoon. Theoretically, sure, they could sue in the US and get the money."
"What? Then why didn't you tell me that before?"
"Think about it common-sense-wise, Ji-hoon. Living in Korea, hiring a US lawyer, suing in US court? How much do you think that costs? Could be more than the payout itself. I never even considered they'd go that far from the start."
Ah.
True. My two-hour consult alone cost nearly two million won.
If both sides lawyered up and it dragged on?
Ah!
Now I got what David meant by "a fight worth taking on" and making them "die from fees."
"No need to stall with the brief. I'll just write something simple like 'I can't accept the court's judgment' and file it. You follow that US lawyer's plan. Sounds like a capable guy."
"Yes, Uncle. Thank you so much."
I hung up and flopped onto the bed.
Ah.
This is stressful as hell.
A regular person fighting in court is insanely stressful.
I was no exception.
Already swamped with business worries piling up, and now a lawsuit on top.
Spending money, time, and emotions in this shitty situation.
Irritation boiled up.