부당이득금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. Facts of recognition;
A. From July 1, 2001, the Plaintiff purchased LPG from around July 1, 2001 to a credit card, debit card, or credit card or debit card (hereinafter referred to as “welfare card, etc. for disabled persons”) of a designated guardian of disabled persons (hereinafter referred to as “the welfare card, etc.”) attached to the welfare card for disabled persons from around July 1, 2001, it is possible for a credit card company to purchase it at a tax-free price. However, with respect to the tax-free portion, the Plaintiff has implemented the LPG purchase cost discount policy (hereinafter referred to as the “instant support policy”) for automobiles used by disabled persons by means of preserving it by the Plaintiff’s credit card company.
B. The guidance on welfare projects for persons with disabilities provides that if a person who is issued a guardian card for persons with disabilities separates persons with disabilities from households, the LPG discount support shall be suspended.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 4, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The plaintiff's assertion that the defendant had been separated from the disabled persons because of the separation of households with the disabled persons, but was not subject to discount, the defendant is obligated to pay the plaintiff the amount of 1,649,070 won and the delay damages for the amount of 1,649,070 won in total from May 7, 2004 to September 5, 2006 by using the guardian card for the disabled to receive a discount of 1,649,070 won.
B. The instant support policy is based on Article 39(1) of the Act on Welfare of Persons with Disabilities and the administrative guidelines of the competent ministries and agencies. As such, the legal relationship pertaining to the provision or restitution of benefits cannot be determined solely on private legal relations.
In particular, the benefit of discount support to the disabled by the instant support policy is human beings of Article 34 of the Constitution.
The right to live under the Act on Welfare of Persons with Disabilities, etc.