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Deals & Cases

Return of unjust enrichment

Assistance From a Bucheon Civil Litigation Attorney | Full Return of Unjust Enrichment Achieved

The client, who consulted a Bucheon civil litigation attorney, had been defrauded of a large sum of money through a stock investment scam, and after deciding to file a civil lawsuit, the client visited the Bucheon office to consult a civil litigation attorney.

CONTENTS
  • 1. How the Client Came to Seek the Bucheon Civil Litigation Attorney
    • - The Client Who Requested Assistance From the Bucheon Civil Litigation Attorney
    • - "Unjust Enrichment" Explained by the Bucheon Civil Litigation Attorney
  • 2. Assistance Provided by the Bucheon Civil Litigation Attorney
    • - Bucheon Civil Litigation Attorney's Argument (1) | The Defendant's Obligation to Return Unjust Enrichment
    • - Bucheon Civil Litigation Attorney's Argument (2) | The Defendant's Obligation to Pay Damages
  • 3. Result of the Bucheon Civil Litigation Attorney's Assistance: a Favorable Judgment

1. How the Client Came to Seek the Bucheon Civil Litigation Attorney

The client, who consulted a Bucheon civil litigation attorney, had been defrauded of a large sum of money by a stranger, and visited the Bucheon office seeking to recover the money through litigation.

The Client Who Requested Assistance From the Bucheon Civil Litigation Attorney

부천민사변호사

This is the account of a client who requested assistance from a Bucheon civil litigation attorney.

One day, the client received a call from an unknown number.

The call claimed that investing in unlisted stocks could yield substantial profits.

The caller also induced the client to deposit funds, stating that once the investment funds were transferred, investment would be possible immediately and that both the principal and the profits could be withdrawn.

Tempted by this, the client ended up transferring an amount totaling approximately 300 million won to the man.

However, the man had neither the intention nor the ability to return the principal or the profits.

Upon belatedly learning of these facts, the client reported the matter to the police and, seeking to recover the defrauded amount, visited a Bucheon civil litigation attorney to request assistance.

"Unjust Enrichment" Explained by the Bucheon Civil Litigation Attorney

Unjust enrichment refers to a benefit obtained by improper means through another person's property or labor without any legal cause (in violation of statutes).

A person who thereby causes loss to another must return that benefit.

▶ Article 741 of the Civil Act (Contents of Unjust Enrichment)

A person who obtains a benefit from another person's property or labor without any legal cause and thereby causes loss to that other person must return the benefit.

🔗Unjust Enrichment Recovery Lawsuit, the following requirements must be satisfied.

1. There must be the fact that an improper benefit was obtained through another person's property or labor.
2. Loss must be caused to that other person as a result.
3. A causal relationship must exist between this unjust enrichment and the loss.
4. There must be no legal cause for this act.

※ The extinctive prescription period for an unjust enrichment recovery lawsuit is 10 years from the date the loss became known.

2. Assistance Provided by the Bucheon Civil Litigation Attorney

The Bucheon civil attorney formed a task force with an attorney who has handled numerous related cases and possesses extensive experience and know-how.

After reviewing the client's case and examining related precedents, the attorney strategically prepared for the litigation.

The arguments that the Bucheon civil attorney presented to the court are as follows.

Bucheon Civil Litigation Attorney's Argument (1) | The Defendant's Obligation to Return Unjust Enrichment

The defendant had no prior acquaintance whatsoever with the client before this case, and the defendant is a person who had no legal basis at all to receive the money.

The client was deceived by the defendant into transferring a large sum of money, thereby suffering financial loss.

Accordingly, we emphasized that the defendant has an obligation to return the unjust enrichment to the client.

Bucheon Civil Litigation Attorney's Argument (2) | The Defendant's Obligation to Pay Damages

Although the defendant knew that this case constituted an unlawful act, the defendant deceived the client and obtained a large sum of money by fraud.

The attorney therefore emphasized that the defendant has a responsibility to compensate for the loss the client sustained.

3. Result of the Bucheon Civil Litigation Attorney's Assistance: a Favorable Judgment

Accepting the arguments of the Bucheon civil attorney, the court upheld the claims in their entirety and ordered that the defendant bear the litigation costs as well.

If You Have Decided to File a Lawsuit for Return of Unjust Enrichment

In this case, the client, who had been defrauded of a large sum of money, won the case with the assistance of the Bucheon civil law attorney and succeeded in recovering the full amount.

When pursuing a lawsuit for the return of unjust enrichment in this way, it is necessary to prove that the money was obtained by fraud, so the assistance of an experienced attorney is important.

At Daeryun LLC, a 🔗civil law attorney with court experience provides full assistance with the case, working to achieve the client's satisfaction through practical response measures.

If you need legal assistance in a situation such as the case above, you may request help from the Bucheon civil law attorney.

부천민사변호사

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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