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Deals & Cases

Unjust enrichment

A Busan damages attorney's favorable judgment | A case in which the claim of a plaintiff seeking return of unjust enrichment was dismissed

A Busan damages attorney brought about a favorable judgment by having the court dismiss the claim of a plaintiff who had filed an unjust enrichment return suit against the client.

CONTENTS
  • 1. What was the background of the case as seen by a Busan damages attorney?
    • - The story of the client who came to a Busan damages attorney
    • - Relevant statutes and precedent as explained by a Busan damages attorney
  • 2. A Busan damages attorney's strategy for prevailing
    • - A Busan damages attorney: the money the client provided was an investment
    • - A Busan damages attorney: the client's mental harm is considerable
  • 3. What was the result of the Busan damages attorney's assistance? ‘Dismissal of the plaintiff's claim’
    • - If you have been subjected to an unjust enrichment return suit

1. What was the background of the case as seen by a Busan damages attorney?

The client who came to the Busan damages attorney was in a situation in which a person who had borrowed money from the client and repaid the principal and interest had sued to claim the excess interest amount, asserting that he had paid interest exceeding the maximum interest rate.

The story of the client who came to a Busan damages attorney

부산손해배상변호사

The account the client shared at 🔗Daeryun's Busan office is as follows.

The client paid investment funds to an acquaintance who said he would run a massage business, and periodically received amounts described as investment returns.

Six months later, it turned out that the acquaintance's claim of running a business was a lie, and that he had borrowed money from people around him in the name of the investment funds received from the client, and had then delivered the money so raised back to the client under the name of investment returns.

The client accordingly requested that all of the investment funds be returned.

However, the acquaintance filed a lawsuit asserting that the money received from the client was a loan and that, because he had repaid more than the principal and interest of that loan, the client should pay back that excess amount.

The client accordingly requested Daeryun's help in order to defend against the lawsuit.

Relevant statutes and precedent as explained by a Busan damages attorney

🔗An unjust enrichment return suit is a lawsuit claiming the return of a benefit unjustly obtained without legal cause.

Because this involves an individual having unjustly obtained a benefit, one may demand that the other party directly return that benefit, and because it is treated as a claim, the extinctive prescription under the Civil Act applies.

Generally, the extinctive prescription for an unjust enrichment return suit is 10 years from the date of becoming aware of the harm.

In order to file an unjust enrichment return suit, the following requirements must be satisfied.

1. There must be the fact of having obtained an unjust benefit through another person's property or labor
2. As a result, harm must be caused to another person
3. A causal relationship must exist between this unjust enrichment and the harm
4. There must be no legal cause for this act

And according to Supreme Court precedent, the burden of proof for this lies with the plaintiff.

Even if there is no dispute as to the fact that money was exchanged between the parties, where the defendant disputes the plaintiff's assertion that it was lent, the burden of proof as to the fact of the loan lies with the plaintiff who asserts it.

- See Supreme Court Decision 2017Da37324, rendered January 24, 2018, and others

2. A Busan damages attorney's strategy for prevailing

The Busan damages attorney devised a strategy for the client to prevail, including emphasizing that the plaintiff's unjust enrichment claim was without basis.

A Busan damages attorney: the money the client provided was an investment

The plaintiff claims to have borrowed approximately 500 million won from the client to operate his own business. However, the attorney argued that the plaintiff had entirely failed to prove the specific terms of the loan agreement, such as the date the principal was lent, the repayment date, the interest rate, and the timing of interest payments.

The attorney argued that this was because the client had, in fact, merely made an investment in the plaintiff's business at the plaintiff's request, and that, therefore, no unjust enrichment could be established.

A Busan damages attorney: the client's mental harm is considerable

The plaintiff referred to the client as an investor while borrowing money from acquaintances, and because he has not repaid it, the client is receiving a great deal of resentment and blame.

Meanwhile, having been subjected to an absurd lawsuit demanding repayment of more than 200 million won, the client's stress reached an extreme, and the attorney argued that the client had suffered mental harm such as insomnia and loss of appetite as a result.

3. What was the result of the Busan damages attorney's assistance? ‘Dismissal of the plaintiff's claim’

As a result of the Busan damages attorney's active assistance to the client, the court ruled “The plaintiff's claim is without merit and is therefore dismissed.”

The court determined that there was insufficient basis to recognize the fact that the plaintiff had borrowed money from the client.

If you have been subjected to an unjust enrichment return suit

If you have been subjected to an unjust enrichment return suit, it is necessary to examine whether the unjust enrichment the other party claims is legitimate and whether it actually constitutes unjust enrichment.

By clearly presenting evidence that it is not unjust enrichment, the claim can be dismissed. In this process, it is advantageous to proceed together with the legal advisory of a specialist attorney.

Please obtain a 🔗damages specialist attorney at Daeryun Law Firm, where attorneys with extensive experience handling related cases do their utmost to assist in the interests of clients, a 🔗legal consultation.

부산손해배상변호사 승소 | 부당이득금 반환을 주장하는 원고 청구 기각시킨 사례

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

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