부당이득금
1. Revocation of a judgment of the first instance;
2. The Defendant shall pay to the Plaintiff KRW 304,120 as well as the full payment with respect thereto from May 12, 2016.
1. Basic facts
A. The defendant, as a child of the disabled person B, resided with B and used the guardian card from the plaintiff. The defendant transferred to D, 301 on March 18, 2008, the resident registration was separated from B and the resident registration was continued until the defendant re-transfered to C on July 7, 2008.
B. From March 18, 2008 to August 29, 2009, the Defendant received a total of 304,120 won discount support by using a guardian card, including the above period.
【Ground for Recognition: Each entry in the evidence of Nos. 1 through 4, and the purport of the whole pleadings】
2. In a case where a disabled person dies or his/her family does not live together with the disabled person or his/her family does not share his/her domicile on the resident registration card after having been issued a mark of a disabled person pursuant to the relevant procedures prescribed by Article 39(2) of the Act on Welfare of Persons with Disabilities and the Enforcement Rule of the Enforcement Rule of the Act on Welfare of Persons with Disabilities and the Enforcement Rule, it shall be deemed that
Therefore, even though the Defendant lost the eligibility to receive the instant discount benefit during the period of separation from the disabled and the household, it continued to use the guardian card without suspending the function of purchase of the instant discount. The Plaintiff is aware of such circumstance and the Defendant provided the Defendant with the amount equivalent to the amount of the said discount subsidy by paying the amount equivalent to the amount of the tax revenue accrued during the period of separation of the above household. The Plaintiff suffered damages equivalent to 304,120 won by subsidizing the Defendant with the amount of the discount subsidy without any legal ground, while the Defendant gains the same profit. Therefore, the Defendant must return the amount of the said discount subsidy received during the period of separation from the household to the Plaintiff as unjust enrichment.