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(영문) 서울중앙지방법원 2015.09.15 2015나1542
부당이득금
Text

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

1. The following facts do not conflict between the parties, or can be found in full view of Gap evidence Nos. 1, 2, 4, and 6 and the purport of all the arguments.

From July 1, 200, the Plaintiff purchased LPG for transport with credit cards, debit cards, or credit cards or debit cards (hereinafter “persons with disabilities welfare cards, etc.”) attached to the welfare card of persons with disabilities pursuant to Article 39 of the Act on Welfare of Persons with Disabilities and the Ministry of Health and Welfare’s guidance, from around July 1, 2000, pursuant to the Ministry of Health and Welfare’s guidance for welfare projects for persons with disabilities, it is possible for a credit card company to purchase them at a pre-tax price. However, with respect to the portion of tax revenue, the Plaintiff has implemented the LPG discount policy for automobiles used by persons with disabilities by preserving the amount of tax revenue (hereinafter

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.

C. The Defendant, who was issued a guardian card of the disabled, received discount support equivalent to KRW 690,240 from the Plaintiff by using the welfare card of the disabled under the name of the Defendant for a total of 61 times from January 31, 2006 to August 12, 2007, even though the Defendant was subject to suspension of support due to the separation of household from the disabled who was protected.

2. Determination on the cause of the claim

A. According to the facts of recognition as to whether to return unjust enrichment, the Defendant received a discount of KRW 690,240 from the Plaintiff without any legal ground from January 31, 2006 to August 12, 2007, and thus, the Defendant is obligated to return KRW 690,240 to the Plaintiff.

B. (1) The plaintiff shall pay damages for delay calculated by the rate of 20% per annum from the day following the delivery of a copy of the complaint of this case to the day of complete payment to the plaintiff with respect to unjust enrichment 690,240 won.

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