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(영문) 서울중앙지방법원 2016.08.25 2016나23006
부당이득금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant shall pay to the Plaintiff KRW 230,40 and its interest from August 26, 2016.

Reasons

1. Facts of recognition;

A. The Defendant, as a disabled child of Songpa-gu Seoul apartment C 506 Dong 1101 Dong 1101 Dong, resided with the Plaintiff and used the guardian card. On April 11, 2006, the Defendant was separated from B and the resident registration card by transferring Seodaemun-gu Seoul Seomun-gu Do 101 on April 11, 2006, which continued until the Defendant re-transfered into 506 Dong 1101, Songpa-gu Seoul apartment housing again on August 23, 2007.

B. From April 11, 2006 to May 19, 2007, the Defendant received a discount of 230,400 won in total on 28 occasions by using a guardian card during the said period.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. In a case where a disabled person dies or his/her family does not reside together with the disabled person without having his/her domicile in the resident registration card after being issued with a sign of a disabled person pursuant to the procedures prescribed by Article 39(2) of the Welfare of Disabled Persons Act and each of the relevant provisions of the Enforcement Rules, it shall be deemed that the person has no qualifications or authority to receive and hold the benefits, as it does not fall under the objects

Therefore, even though the Defendant lost the eligibility to receive the instant discount benefit during the period of separation from the disabled and the household, it continued to use the guardian card without suspending the function of purchase at the ELP. The Plaintiff, without knowledge of such circumstance, provided the Defendant with the amount equivalent to the amount of the said discount subsidy by paying the ELP in charge of the said household during the period of separation from the card company. The Plaintiff suffered damages equivalent to 230,400 won by subsidizing the ELP in exchange for the Defendant without any legal ground, while the Defendant gains the same amount from the same profits. Accordingly, the Defendant is the name of the discount subsidy received during the period of separation from the household.

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