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| TITLE | Supreme Court Decision 2021Da243812 Decided June 29, 2023 【Unjust Enrichment】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Whether a benefit received from the performance based on a final and conclusive judgment or disposal proceeds, etc., maintaining the same nature as the previous benefit but merely having any change in form, as a reward for such benefit, can be seen to correspond to a benefit without any legal ground (negative) [2] In a case where: Stock Company A concluded an agreement lending equipment such as a printing press with Stock Company B, which is a leasing company, and, according to the above agreement, where the contract is terminated, Stock Company B should get the printing presses back from Stock Company A or transfer the ownership of the printing press to Stock Company A after being paid the amount of loss stipulated by the agreement from Stock Company A; Stock Company B got the printing presses back and disposed of it to a third party after a judgment in favor of Stock Company B was rendered and became final and conclusive on the grounds that Stock Company B, who reported the stipulated amount of loss as a rehabilitation security right in rehabilitation procedures for Stock Company A commenced thereafter but the full amount reported by which was denied, filed a lawsuit claiming the return of the printing press against Stock Company A, and thus the agreement was legally terminated; and Stock Company A, arguing that Stock Company B has no legal ground with regard to the part exceeding the amount reported as a rehabilitation security right of the sale proceeds, claimed the return of unjust enrichment against Stock Company B, the case holding that the lower court, which determined that Stock Company B acquired no unjust enrichment, did not err and adversely affect the conclusion of judgment by misapprehending the legal doctrine | |
