손해배상(기)
Of the lower judgment against the Defendant, the part of the claim for consolation money due to the inquiry into credit information made on July 15, 201.
1. As to the appeal on the part of the defendant's claim for consolation money due to defective registration of this case, the defendant filed an appeal on the part of claim for consolation money due to false registration of this case among the judgment below, but there is no indication in the petition of appeal as to the grounds of appeal and no statement in the grounds of appeal are found.
2. As to the Defendant’s ground of appeal
A. According to Article 23(1) of the former Use and Protection of Credit Information Act (wholly amended by Act No. 9617, Apr. 1, 2009; hereinafter “former Credit Information Act”), where a credit information provider/user intends to provide personal credit information to credit information dealers, etc., he/she has obtained consent from an individual in writing, etc.
Meanwhile, in cases where a credit information provider/user intends to provide any personal credit information, such as information on loans and guarantees, to a third party, the Act on the Use and Protection of Credit Information (wholly amended by Act No. 9617, Apr. 1, 2009; hereinafter “Revised Credit Information Act”) must obtain prior consent from the relevant individual in writing, etc. (Article 32(1)); and a person who intends to obtain personal credit information from a credit bureau or a credit information collection agency shall obtain prior consent from the relevant individual in writing, etc.; and at the same time, the person who intends to obtain personal credit information shall notify the relevant individual that the credit rating may decline at the time of inquiry into the personal credit information.
(Article 32, Section 2).
In addition, Article 3 of the Addenda to the amended Credit Information Act provides that if a commercial transaction relationship, such as financial transactions, with an individual owner of credit information, is established after obtaining consent from the individual owner of credit information before the amended Credit Information Act enters into force, it shall be confirmed and established for the purpose of maintaining and managing such commercial transaction relationship.