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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
Reasons
Facts of recognition
The Plaintiff purchased LPG fuel from July 1, 200 to a credit card, debit card, or credit card or debit card or debit card (hereinafter “welfare card for persons with disabilities”) of a designated guardian of persons with disabilities attached to the welfare card for persons with disabilities from around July 1, 2000 pursuant to the guidelines prepared by the Welfare of Persons with Disabilities Act and the Ministry of Health and Welfare (Guidance for Welfare Services for Persons with Disabilities). The Plaintiff has implemented a policy to grant a discount on the purchase cost of LPG fuel for automobiles used by persons with disabilities (hereinafter “instant support policy”) by compensating for the amount of taxes.
The defendant, as a guardian of B who is a disabled person, applied for a welfare card for the disabled person under the name of the defendant and received a discount on the cost of purchasing LPG fuel. The defendant was provided with a discount amounting to KRW 1,053,480 from the plaintiff by using the welfare card for the disabled for 97 times from December 3, 2004 to May 14, 2006, which was deceased by the defendant.
According to the guidelines for welfare programs for persons with disabilities formulated in 2003 by the welfare division, guardians of persons with disabilities shall return welfare cards for persons with disabilities if persons with disabilities die, and the head of Eup/Myeon/Dong shall check whether guardians of persons with disabilities who have been issued welfare cards for persons with disabilities have cancelled their resident registration due to the unknown residence of persons with disabilities from time to time and if so, register the cancellation of the registration of persons with disabilities
[Ground of recognition] According to the above facts of recognition as to Gap's evidence Nos. 1 through 4 and the ground for a claim as a whole, since the defendant received 1,053,480 won from the plaintiff without any legal ground, the defendant is obligated to pay the plaintiff 1,053,480 won with unjust enrichment and delay damages.
On the other hand.