Where a preliminary claim is made to prepare for failure to deliver the benefit itself in a claim for return of unjust enrichment, the time for calculating the amount of such compensation.

In a case of claiming compensation for damages due to failure to deliver the profit itself in a claim for return of unjust enrichment, the time of calculating the amount of compensation as a lawsuit for future implementation shall be determined at the time of closing argument in fact-finding proceedings.

Articles 341 and 347 of the Civil Act

The representative Kim Jong-dong, Inc.

Korea

Seoul High Court Decision 60Do1812 delivered on November 15, 1961, Seoul High Court Decision 200Da1812 delivered on November 15, 1961

This appeal shall be dismissed.

The costs of appeal shall be borne by the defendant.

We examine the Defendant’s agent’s grounds of appeal.

In general, in cases where a claim for return of unjust enrichment is filed, it is necessary to allow a claim for damages equivalent to the conjunctive in preparation for the time when the benefit itself cannot be delivered, and the time of calculating the amount of damages in this case would be the time at which the court of fact-finding proceedings are concluded. The time of performance impossibility, which can be seen as the time when the claim for the return of unjust enrichment is filed, would be the time when the argument of the court of fact-finding is concluded technically. Therefore, when accepting the plaintiff's conjunctive claim, the court below did not make the above coal at the market price on May 3, 1950, which was the time when the defendant gains the above coal, the court of fact-finding at the time when the court of fact-finding proceedings were held that the market price on April 12, 1958, which was the time when the defendant gains the above coal, was made to the public, and there is no error in the conclusion. The arguments are without merit.

Therefore, the appeal shall be dismissed by applying Article 400 of the Civil Procedure Act before the amendment, and the costs of appeal shall be borne by the defendant. It is so decided as per Disposition by the assent of all participating judges.

The judges of the Supreme Court (Presiding Judge) Cho Jin-man (Presiding Judge) and Lee Jong-man (Presiding Justice)