지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
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Assume the following fact that if plaintiff gave money to defendant under his mistake and without knowing plaintiff's mistake, defendant spent the money given by the plaintiff by going the fancy restaurant which he would have not gone otherwise. Can the defendant defense against plaintiff claiming in restitution of the money by arguing he already spent the money?In such situation, defendant under the English and U.S. law can argue "defence of change of position" ground on detrimental change of position against plaintiff's claim in restitution. This defense places the limitation on defendant's liability and justifies that law of restitution is an independent tool to levy the liability.
This paper reviews definition, types of "defence of change of position" and related discussion of causation and fault. As a result of the review, "defence of change of position" plays similar role with "defense of remaining enrichment" under Korean law but it is more flexible in its application because it is based on equity. That is why it is hard to understand its concept but it can provide the tips to understand "defense of remaining enrichment" under Korean law in a way to fit for its purpose.
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