beta
(영문) 서울서부지방법원 2019.04.05 2018나2497

지원금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The plaintiff's assertion and judgment

A. The gist of the Plaintiff’s assertion was to obtain legal assistance from the Defendant on February 5, 2013 from the head of the Daejeon Regional Veterans Administration regarding the case of reexamination on the disposition rendered by the head of the Daejeon Regional Veterans Office on the status of a person who rendered distinguished service to the State (Seoul High Court 2017Nu50).

From August 7, 2017 to March 23, 2018, the Plaintiff provided KRW 7,388,000 in total by remitting KRW 6,326,00 to the Defendant under the pretext of entertainment expenses, etc. and disbursing KRW 1,062,00 under the pretext of food expenses, etc.

The above retrial case was concluded against the plaintiff (Dismissal).

The plaintiff claims the return of the subsidy of KRW 7,388,00 to the defendant.

B. Even if the Plaintiff supported KRW 7,388,00 for the success of the retrial case as alleged by the Plaintiff, but lost in the retrial case, it cannot be deemed that the Plaintiff was entitled to receive a refund of KRW 7,388,00 from the Defendant solely based on such fact, and there is no other assertion as to the legal basis for claiming the return of the subsidy.

The plaintiff's assertion is without merit.

2. In conclusion, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.