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Korean law - lawsuit for unjust enrichment

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작성자 최고관리자 댓글 0건 조회 208회 작성일 19-02-02 16:30


It is often the case that you are using a lot of bank account applications these days, but when sending money, you are sent to the wrong place instead of sending it to the person you need to send. So, when you transfer money, you have to check the name of the recipient and make a remittance. If this happens, you will need to contact the bank and ask them to return the deposited money by contacting the person who sent the money.
Unjust Benefit Returns Claims?

A claim to return unfair advantage is that a person who benefits from the property or labor of another person without damaging the law, and thereby damages the other person, must return the benefit. The core of this lawsuit must be the damage caused by the use of my property or property by others. Even if another person has benefited from using my property, unfair advantage will not be achieved if I do not lose it with my property.

Unfair Benefit Return Claim Form 1) Revenue: Revenue here must be the income of someone else's property or labor. There is no limit to the way in which the hand is made by the act between the beneficiary and the beneficiary, or by the act of the third person. 2) Damage: and damages must arise where damages must be damages for profits. Therefore, even if one side gains profits, it is hardly seen as unfair advantage without the loss of the other side. Statute of limitations The statute of limitations for the return of unreasonable claims is ten years. So it is possible to charge within 10 years from the fact that I do not know. Here, the recognition of the fact is when you know about the damage caused by the use of my property. In other words, you can not make a claim after 10 years, so if you know the fact unconditionally,

Natural interest And in case of filing a lawsuit against improper gain, you can get natural interest accordingly. Natural interest must be left unconditionally, such as by sending proof to the other party to return the unfair advantage before filing a lawsuit that occurs when the claim is filed. If you have not filed a claim before filing a lawsuit, you can file a claim from the day after the filing of the court receipt. This lawsuit is a civil lawsuit and cannot be helped by the police.

Appointed a civil litigation attorney Because it is a civil litigation and you can not get help from the police, you should proceed directly with the lawyer. This lawsuit can be filed directly through the Supreme Court electronic lawsuits. The costs are subject to change and details can be found on the homepage. Of course, in a simple case, you may be able to file a lawsuit on your own, but it can be disadvantageous in spite of the obviously unfortunate situation. It is also a good idea to appoint a civil litigation attorney and solve the case.

Even if you win a lawsuit, the loser will have the right to claim the wrongful gain back to the beneficiary. It is correct that the beneficiary should return the unreasonable profit after that. If the beneficiary is unable to return the goods at this time, he / she should return the value and if the beneficiary can not return the profit, he / she may be responsible for the return to the third party of the person who pays the object free of charge. To return profits, you limit the amount of the loss and the amount of the gain, but if you are a benefactor of good faith, you can return the profits you have earned within the existing limits, but if you are malicious, you will be paid with interest and return.

Because it is a civil lawsuit, you can not get help from the police. If you are caught up in these lawsuits, you will have a lot of worries and anxieties in your daily life. Therefore, it is a good idea to appoint a civil litigation attorney from the beginning to the end. Please be sure to select a lawyer who is better at solving legal problems and solve the problem of this unfair advantage.