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1. Revocation of a judgment of the first instance;
2. The Defendant shall pay to the Plaintiff KRW 2,089,580 as well as the full payment with respect thereto from November 6, 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 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 received 2,089,580 won LP discount from August 1, 2003 to May 22, 2006 using the above welfare card for the disabled person from August 1, 2003 to May 16, 2006.
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 6, and determination as to the ground for claim as a whole
A. The Defendant asserted that the Defendant was exempt from the scope of LPG discount support due to the death of the disabled Party B, and received the LPG discount support amounting to KRW 2,089,580 from the Plaintiff using the welfare card for the disabled, etc. so unjust enrichment to the Plaintiff.