CONTENTS
- 1. The Client Who Came to the Ansan Law Office
- 2. Ansan Law Office's Assistance for a Lawsuit Seeking Return of Unjust Enrichment
- - Ansan Attorney Argues the Defendant's Act of Deception
- - Ansan Attorney Argues the Defendant's Obligation to Return Unjust Enrichment
- 3. Result of the Ansan Law Office's Assistance: Successful Claim for the Full Amount of the Loss
1. The Client Who Came to the Ansan Law Office
The client, who requested help from the Ansan law office, had been defrauded of an amount exceeding approximately 300 million won by the defendant.
The client wished to recover that amount through an attorney and requested help from the Ansan law office.
Return of Unjust Enrichment Explained by an Ansan Attorney
The client who came to the Ansan attorney's office wished to file a 🔗lawsuit for the return of unjust enrichment.
A lawsuit for the return of unjust enrichment refers to a lawsuit seeking the return of a benefit unjustly obtained without legal ground.
To file a lawsuit for the return of unjust enrichment, the following requirements for unjust enrichment must be satisfied.
- There must be a fact that an unjust benefit was obtained from another person's property or labor.
- As a result, a loss must have been caused to another person.
- A causal relationship must exist between the unjust enrichment and the loss.
- There must be no legal ground.
However, even when a lawsuit for the return of unjust enrichment is filed, the Civil Act provides for exceptions to the return of unjust enrichment in cases of payment of a non-debt in bad faith, payment of a non-debt in accordance with moral obligation, repayment of another person's debt, and performance for an unlawful cause.
In the case of this client, the client had been defrauded of the money through the defendant's deception, so it was a case in which a lawsuit for the return of unjust enrichment was possible.
2. Ansan Law Office's Assistance for a Lawsuit Seeking Return of Unjust Enrichment
The Ansan law office set out to file a claim for the return of unjust enrichment on behalf of the client.
Ansan Attorney Argues the Defendant's Act of Deception
The Ansan attorney's office argued that the defendant had committed deception and bore an obligation to make the client whole for the amount of the loss.
With the client's son's wedding approaching, the client had been troubled by a desire to give a larger gift.
To the client, who was deliberating, the defendant recommended an investment, claiming to know of an investment product that could yield a 100% return within one month.
The defendant added that once the investment funds were deposited, the investment would be possible, and both the principal and the returns could be withdrawn within one month.
The client and the defendant were coworkers who were usually on close terms, so the client transferred approximately 300 million won in investment funds to the defendant without much suspicion.
After receiving the investment funds, the defendant neither came to work nor responded to the client's attempts to make contact.
The client belatedly realized that he had been deceived by the defendant.
Ansan Attorney Argues the Defendant's Obligation to Return Unjust Enrichment
The Ansan attorney's office argued that there was no debt relationship between the defendant and the client, and that the client had no legal ground whatsoever to transfer money to the defendant.
The client had merely transferred the money after being deceived by the defendant.
Without any legal ground, the defendant received a transfer of approximately 300 million won from the client, thereby gaining a substantial benefit and causing a loss to the client.
The Ansan attorney's office argued that the defendant had an obligation to return the unjust enrichment to the client, and filed the lawsuit.
3. Result of the Ansan Law Office's Assistance: Successful Claim for the Full Amount of the Loss
With the help of the Ansan attorney's office, the client was able to receive payment of the entire amount of the loss.
The client said, "Because it was a large sum, I absolutely had to recover it. It is thanks to the Ansan attorney."
For a claim for the return of unjust enrichment, the specific details of the benefit obtained by the defendant and the related evidence must be thoroughly prepared.
In addition, because the right to claim the return of unjust enrichment generally becomes subject to extinctive prescription once ten years have passed after the incident, it is advisable to clearly identify the time of the incident and to proceed promptly.
The success or failure of a lawsuit for the return of unjust enrichment turns on thorough collection of evidence.
Because the actual definition and scope of unjust enrichment can differ from case to case, it is advisable to receive the help of an attorney who handles such cases to clarify the issues in the case and to collect the related evidence.
Daeryun LLC provides a tailored strategy for resolving the case through the attorney in charge at each stage of the case, including consultation, preparation of written submissions, and oral argument at trial.
If you are looking for an attorney's office because of a situation such as the above, please contact the Daeryun LLC 🔗Ansan office.
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.
