You Have Been Defended [EN]: Chapter 40

PM 1:30

Seoul Central District Court

“Oh, it’s Attorney Cha.”

As Kang Min-jae and I were organizing our arguments on the way into the courthouse, an unwelcome voice grated on my ears.

“Hi, Attorney Kang, too.”

It was Yoo Jung-won.

I had arranged to meet Na Eun-sung inside the courthouse, but it seemed they had the same idea.

She, too, had brought only one associate attorney and was striding towards us, her heels clicking loudly.

“The weather is lovely, isn’t it?”

“It is.”

“Did you prepare well for the hearing? You must be nervous, it being your first civil case.”

Her words implied she saw me as a rookie, and I almost snorted.

She had ten years of experience, so she might be senior to me in terms of Judicial Research and Training Institute class [a prestigious program for aspiring judges, prosecutors, and lawyers in South Korea].

But I wasn’t about to concede in terms of experience to anyone.

I was a former chief prosecutor, after all.

“Please go easy on us. Haha.”

Kang Min-jae cut in between us, laughing.

Yoo Jung-won gave Kang Min-jae a strange look.

“Attorney Kang, after seeing today’s trial, you’ll regret leaving Taekwang [likely referring to a large law firm]. So come back. The CEO is still waiting for you.”

“Excuse me?”

Kang Min-jae replied, surprised.

“He’s waiting.”

Why would Yoon Won-hyung be waiting for Kang Min-jae, who was just an associate?

I watched them without expression.

There seemed to be a reason, but I didn’t know it.

I’m not one to hesitate to admit when I don’t know something.

But I didn’t want to show it in front of Yoo Jung-won.

That woman seemed to think such information gaps were a sign of great incompetence.

“Haha. I’m grateful. That he’s waiting for a mere associate like me… I appreciate the thought. Then, see you in court later. Our client is waiting for us. Attorney, let’s go quickly.”

Kang Min-jae rattled off the words like a machine gun, grabbed my hand, and entered the courthouse.

I reluctantly followed him, but as soon as we were away from Yoo Jung-won, I pulled my hand away.

I dusted off my hands and looked at him.

“Ah… I wonder when Na Eun-sung will arrive?”

And Kang Min-jae started an awkward soliloquy.

“I’m not asking.”

“Pardon?”

“I’m not going to ask about Attorney Kang’s circumstances, so don’t be nervous.”

I avoided Kang Min-jae’s flustered gaze and reviewed the arguments once more.

I knew Kang Min-jae was hiding something.

However, Kang Min-jae judged that it wouldn’t harm me.

And I, too, had no reason to refuse a capable partner if they weren’t going to hinder my revenge against Wooshin Group.

Above all, in my past life’s memories, there was no Kang Min-jae.

Wasn’t I the one who had dug up all the information on Wooshin, high-ranking government officials, media companies, and all the other conglomerates connected to Wooshin?

If he wasn’t in my memories, it meant he wasn’t that kind of person.

Besides, wasn’t it too early to start anything?

My judgment was that it was okay to watch him longer.

“Attorney!”

From afar, Na Eun-sung raised her hand and approached us.

“What are you doing?”

I asked Kang Min-jae, who was still staring blankly at me.

“Yes?”

“Na Eun-sung is here.”

“Ah… Yes, yes! Ms. Na Eun-sung! You’re here? Was the traffic bad getting here?”

* * *

“Since the drama , produced by the defendant, Pureunseom Media Co., Ltd., and Jung Hye-jin, is deemed to have plagiarized the plaintiff Na Eun-sung’s work , we demand 70% of the total revenue, which is 7 billion won [approximately $5.3 million USD], and 70% of the defendant Jung Hye-jin’s writer’s fee, which is approximately 670 million won [approximately $500,000 USD], for a total of approximately 7.67 billion won [approximately $5.8 million USD].”

The trial began with Kang Min-jae confirming the facts of the claim.

“…There are so many similarities in the settings. Is it really possible for over twenty similarities in settings to occur without relying on the plaintiff’s script? Moreover, the content of the defendant’s script, , is also following the plaintiff’s script, .”

After explaining the long list of similarities in settings, it was time to explain the similarities in content.

The thought that I had taken up too much time with just the settings almost made me laugh.

If this wasn’t plagiarism, what was?

I had seen many plagiarism cases before, but this was the first time I had seen a case with so many similarities.

As Kang Min-jae moved the mouse, a summary of each scenario’s episode plots appeared on the screen.

“The events and emotional changes experienced by the two main characters, and the reasons for their conflicts, largely coincide in each episode. Minor events may differ in some parts, but that is only natural. If they were completely identical, it would be theft.”

Jung Hye-jin’s face contorted at my words.

I wanted to go up to her and ask if she felt guilty.

And it would be quite a sight to see the letters floating above her head depending on her answer.

If Jung Hye-jin were a novelist, she would have copied and pasted sentences verbatim and been caught.

I quenched my thirst with bottled water and explained all the similarities in content that appeared on the screen.

“In particular, in episode 15, the conversation between the main character, Seon Woo-joon, and the villain, Director Kim, mentions a ‘Furee.’ The Furee is a non-existent animal, and the plaintiff has given it fictional habits to compare it to the conversation situation, making it a unique creation of the plaintiff. However, that Furee also appears in the defendant’s work, . Even in the same situation, with the same habits.”

Since they would have already confirmed it through the prepared documents, I wondered what kind of excuse they would make.

“That’s not all. and share the setting that the two main characters are residents of the same neighborhood. I will emphasize this because it is a very important setting.”

Kang Min-jae, who was standing in front of the screen, displayed side by side the photos he had taken when he visited Iyang-gu Samchang-dong, the scenery that appeared in the drama, and the sentences describing the neighborhood from Na Eun-sung’s script.

“Although it is the same neighborhood, there is a setting where a shantytown and a neighborhood where the privileged class lives coexist. From the shantytown, you can see the rich neighborhood at a glance, and the female protagonist sits there, drinking beer and lamenting her situation. There is a fence there, making it seem even more unreachable. However, it does not only appear as a negative image.”

Kang Min-jae cleared the paper again and uploaded a summary of Na Eun-sung’s episode plots and capture of the drama’s production.

I continued.

“In the end, in the latter part, they emphasize that the two people are residents of the same neighborhood despite everything. The meaning is that the two are ultimately within the same fence, and there is a CG effect where that fence is erased. The setting that they live in the same neighborhood. The setting that the male protagonist is from a rich neighborhood and the female protagonist is from a shantytown. None of these are particularly unique. However, the meaning given above is not common at all. Rather, it is a point where the plaintiff’s creativity is revealed.”

As I sat down, Yoo Jung-won stood up at the judge’s words.

After tapping a stack of papers on the table to arrange them neatly, she opened her mouth.

“There is nothing new under the sun. Everything that can come out has already come out. Do you know what this means?”

Yoo Jung-won began her defense.

“Also, do you know what the word ‘cliché’ means? Yes, that’s right. It refers to settings and sources that have become standardized and are used like public property. is also being called a cliché-ridden soap opera by many viewers.”

The screen displayed netizens’ opinions posted on the internet, such as being the most interesting of the cliché works.

“ is a work created with clichés. And is also such a work. Now, let’s take an example. A wealthy male protagonist and a poor female protagonist. The epitome of a Cinderella story. Anyone with even a little interest in dramas could name more than 20 dramas with this setting in this room.”

Using clichés to gloss over it.

It was one of the few things they could rely on.

I smiled faintly as I met Yoo Jung-won’s gaze.

“A Candy-type female protagonist [a common trope in Korean dramas, referring to a relentlessly optimistic and kind female lead]. A female protagonist with the attributes of being upright, kind, diligent, and good at studying is also very typical. Also, the female protagonist’s sibling, who shows the opposite side of her, is also the same. The female protagonist’s sibling will be one of two things. Either they are mean and create a crisis, or they seem bad but turn out to have a wound and give a touching impression. Since there is already a female protagonist with only good characteristics, there will be no need for them. And since this drama flows in a non-serious atmosphere except for the past, there was no reason to create a crisis. That’s why that setting was created.”

Yoo Jung-won continued to speak without a break.

And she pointed her pen in the air and said.

“Now. As you can see here, there are scenes that inevitably appear in the work due to the same setting. These are called essential scenes. The similarities claimed by the plaintiff are nothing more than essential scenes.”

Yoo Jung-won had a very satisfied expression.

She was the epitome of arrogance.

I shook my head slightly.

“Also, the plaintiff’s comparison is nothing more than a simple abbreviated comparison. One episode is 64 minutes long, and if you reduce 64 minutes to a few sentences, all the details will be omitted.”

Looking up at Yoo Jung-won, who was standing and speaking, Na Eun-sung trembled slightly.

She hid her hands under the table and bit her lip.

Her eyes darted towards the defendant’s side, and whenever her eyes met theirs, she was startled and lowered her head.

“Ms. Na Eun-sung. Don’t be nervous.”

I whispered to her softly.

Na Eun-sung looked up at me and nodded frantically.

Yoo Jung-won was diligently explaining what was different in the details from the similarities in the episode plots we had analyzed.

It was meaningless.

Because in my argument, I had already stated that if the details were not different, it was nothing more than theft.

After Yoo Jung-won’s defense ended, the questioning of the defendant Jung Hye-jin began.

At first, I simply asked if she had really never seen Na Eun-sung’s manuscript, if she had not plagiarized, and if Na Eun-sung’s work had not made it to the second round of selections.

Of course, Jung Hye-jin responded with a brazen face that she had not.

“Defendant. There are rumors circulating in the broadcasting industry that you usually take and use manuscripts prepared by assistant writers because you can’t write, or that you take settings from scenarios submitted to contests that have novel settings but lack artistic merit. Are you aware of this?”

“Your Honor. The plaintiff’s attorney is now insulting the defendant with unconfirmed stories! The defendant is a sensitive person. It’s a ridiculous story.”

Yoo Jung-won jumped up and shouted.

“Plaintiff’s attorney. Can you prove what you just said?”

The judge asked.

“Yes. I request the former PD [Production Director] of SBC [a South Korean broadcasting company], where the defendant Jung Hye-jin’s was broadcast, as a witness.”