Unjust Enrichment in South Korea: Equity Limits
Courts may not reduce unjust enrichment in South Korea owed by a land occupier on equity grounds absent special circumstances, the Supreme Court held.
Courts may not reduce unjust enrichment in South Korea owed by a land occupier on equity grounds absent special circumstances, the Supreme Court held.
A South Korean landlord who refuses renewal to move in, then re-lets the home, owes the tenant damages unless the reason was unforeseeable and unavoidable.
A landlord’s rent demand to a tenant’s successor in South Korea is judged against existing and fair rent, the Supreme Court of Korea held.
Principal contractor liability in South Korea turns on control over site hazards, not on chairing progress meetings, the Supreme Court of Korea held.
Under South Korea’s Interest Limitation Act, excess prepaid interest reduces the agreed principal before deduction, not the net amount received.
The Supreme Court of Korea abolished the 58-year-old presumption that acknowledging a time-barred debt waives the limitations defense, and confirmed that a seizure finding no attachable claim stops tolling on service.
In South Korea a listing covenant is an obligation of means, not result. The Supreme Court set out when a failed IPO triggers a penalty payment.
When a deceived customer transfers the money themselves, how far does a Korean bank’s liability go? A KRW 2 billion claim dismissed, and when a bank is liable.
A mortgage cancelled by a forged power of attorney is void in South Korea, and a later buyer must consent to its restoration even in good faith.
Under South Korean law, a non-face-to-face loan obtained through identity theft does not bind you where the lender failed to verify identity properly. Cheongju District Court 2024Na57532, and two Supreme Court judgments issued on the same day reached opposite results.