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(영문) 서울중앙지방법원 2015.10.08 2015나18748
부당이득금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant shall pay to the Plaintiff KRW 83,840 as well as its full payment from October 9, 2015.

Reasons

In fact, the Plaintiff purchased LPG fuel from July 1, 2001 to a credit card, debit card, or credit card or debit card or debit card (hereinafter “welfare card for disabled persons”) of a designated guardian of disabled persons (hereinafter “welfare card for disabled persons”) attached to the welfare card for disabled persons from around July 1, 2001 pursuant to the guidelines prepared by the Welfare of Disabled Persons Act and the Ministry of Health and Welfare. However, the Plaintiff has implemented the LPG fuel discount policy (hereinafter “instant support policy”) for automobiles used by disabled persons by compensating for the amount of tax revenue.

The Defendant, as a guardian of B, applied for a welfare card for the disabled under the name of the Defendant, and received a discount on the cost of purchasing LPG fuel. The Defendant received 83,840 won at a discount from the above welfare card for the disabled even after August 21, 2007 when B died.

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

[Reasons for Recognition] Each entry in Gap evidence Nos. 1 through 5, and judgment as to the ground for claim as a whole

A. The Plaintiff’s assertion is that even though the disabled B was excluded from the scope of LPG discount support due to his/her death, the Defendant received LPG discount support amounting to KRW 83,840 from the Plaintiff using welfare cards, etc. for the disabled, and thus, the Plaintiff shall return the unjust enrichment discount subsidy amounting to KRW 83,840.

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