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(영문) 수원지방법원 2017.01.19 2016노2181

채권의공정한추심에관한법률위반

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The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defendant (misunderstanding of facts) is the joint and several guarantors of D, the main debt administrator, and thus, not the "related person" as defined in the Fair Debt Collection Practices Act, but the "debtor".

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, thereby misunderstanding the facts and adversely affecting the conclusion of the judgment.

Judgment

Article 8-3 (1) of the Fair Debt Collection Practices Act provides that "a person collecting claims shall not visit a related person in connection with his/her obligation except in cases where he/she seeks to inquire of the debtor's location, contact address, method of identifying the debtor's whereabouts, etc. for the collection of claims, nor allow the related person to reach any sound, image, or things." According to Article 2 (2) and (3) of the same Act, "debtor" means a natural person (including a guarantor) who is alleged to have an obligation to repay a debt or has an obligation to repay a debt from a person collecting a debt, and "related person" means a person who is living or living together with the debtor, a person who is a relative of the debtor, or a person who works together at the place where the debtor works.

The court below decided on July 8, 2005 that "D shall pay 4,800,000 won and 20% interest per annum from the day after delivery of a copy of the complaint to the day of complete payment" as follows, which can be acknowledged by the evidence duly adopted and investigated by the court below, i.e., (i) C filed a lawsuit against D, his spouse, as Seoul Western District Court 2005 Ghana, and (ii) C guaranteed D’s debt obligations with respect to the above loan.

There is no evidence to see, and ③ the defendant.