beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
Claim:
Reasons
1. The Plaintiff, from July 1, 200, had a credit card company purchase the LPG from around July 1, 200 to a credit card, debit card, or a 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 "persons with disabilities") in accordance with the guidelines prepared by the Welfare of Disabled Persons Act and the Ministry of Health and Welfare. However, with respect to the tax-related portion, the Plaintiff has implemented the policy on the LPG discount support for automobiles, etc. used by disabled persons (hereinafter referred to as "the support policy of this case") by compensating for the tax-related portion.
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 the disabled from the households, the LPG discount support shall be suspended.
[Grounds for recognition] Gap 1 to 6, the purport of the whole argument
2. Determination on the cause of the claim
A. The Defendant asserted that the Defendant received LPG discounts equivalent to KRW 304,120 from the Plaintiff over 32 occasions from March 18, 2008 to August 29, 2009 by using the guardian card for the disabled.
However, since the defendant was separated from the disabled and the households, it was not subject to discount support.
Therefore, 304,120 won of the discount subsidy shall be returned to the Plaintiff with unjust enrichment, and since the Plaintiff knew that it was not a debt, it did not provide the said discount subsidy, the provision of the non-payment under Article 742 of the Civil Act cannot be applied to this case.
B. Article 39(1) of the Act on Welfare of Persons with Disabilities provides that “The State and local governments and other public organizations shall take necessary support measures, such as reduction or exemption of taxes and taxes, etc., to allow persons with disabilities to conveniently use cars, etc. as means of mobility and to reduce their economic burden.”
and relevant ministries;