Lawsuit for Return of Unjust Enrichment | Assisting a Corporate Representative Client and Obtaining a Grant of a 130 Million Won Claim for Return of Unjust Enrichment

The client was the representative of Personnel Agency A, which provided services to construction sites and received commissions from construction companies.

Employee B (hereinafter referred to as the defendant) worked at the client's company and had taken charge of recruiting construction sites.

One day, the client learned that funds that were to be paid by a certain construction company had not been paid.

Finding this suspicious, the client checked the facts and learned that the defendant had received the funds without authorization.

The client tried to locate the defendant but was unable to find his whereabouts.

Accordingly, the client filed a criminal complaint against the defendant through a police report and then sought to claim, through a civil lawsuit, the 130 million won that was to be paid by the construction company.

For this purpose, the client requested assistance with the lawsuit for return of unjust enrichment from a civil law specialist attorney at Daeryun Law Firm.

1) Proving the Defendant's Tort

internal evidence investigation center, the attorney collected evidentiary materials to prove the defendant's tort.

The attorney collected work logs, email records with the construction company, payment statements, and the like, and confirmed the facts by comparing these against the client's records of fund payments.

In this process, the attorney was able to secure evidence that the defendant had received the funds by forging labor cost payment statements, proxy receipt acknowledgments, and the like.

The civil law specialist attorney used this as strong evidence of the defendant's tort and asserted that the defendant had an obligation to return the unjust enrichment.

2) Confirming the Absence of a Legal Cause for the Defendant

The civil law specialist attorney reviewed the employment contract concluded between the client and the defendant.

The contract expressly contained the following clause: "All commissions, brokerage profits, and funds equivalent thereto that arise from the defendant's recruitment or introduction of construction companies shall, regardless of their name or form of payment, belong entirely to the client."

Accordingly, the attorney made clear that the defendant's receipt of the commissions constituted nonperformance of the contract and that there was no legal cause with respect to the funds.

3) Emphasizing the Client's Mental Suffering and Property Damage

The attorney submitted a psychiatrist's medical opinion and psychological counseling logs to assert that the client was suffering serious mental distress as a result of the defendant's conduct.

The attorney also organized the client's business plan and emphasized that the unpaid funds had caused disruptions to the company's operating funds and made it difficult to conduct business normally.

The court recognized that the defendant had no legal cause for the funds and that the client had suffered substantial property damage as a result of that conduct.

Accordingly, the court rendered a judgment ordering the defendant to pay 130 million won in unjust enrichment.

When all of the above requirements are satisfied, a claim for return of unjust enrichment is recognized.

The civil law specialist attorney identifies the core issues of the matter and establishes a strategy for the practical recovery of unjust enrichment.

collaborating with the internal evidence investigation center, the attorney secures materials such as work records, contracts, and amount calculation receipts to prove that the other party obtained an unjust benefit.

The attorney also reviews the contract together with an internal labor attorney and then strongly asserts the absence of a legal cause for the other party.

Because it is important to first review the proof strategy and the practical benefit of litigation suited to the matter and then determine the direction of the response, we encourage you to receive a specific assessment through a 🔗legal consultation reservation with a civil law specialist attorney.