logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2019.09.05 2019고정158
채권의공정한추심에관한법률위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a debt collector who lends 2.2 million won to the victim B around March 10, 2005, and 3 million won to the above victim around April 25, 2005.

No debt collector shall, in connection with debt collection, express his/her intention to collect any invalid or unexistent debt to any debtor or his/her related person.

On the other hand, on December 4, 2007, the victim filed an application for the permission of adjudication of bankruptcy with the Changwon District Court for the permission of exemption, and on January 14, 2009, the above court was declared bankrupt and the permission of exemption was decided on November 3, 2009. As above, the victim's obligation to the defendant was included in the obligation of the victim permitted exemption, and the defendant was notified to the defendant in the procedure of permission of exemption, and the defendant was also aware of the above fact.

In addition, on October 28, 2010, in the loan payment order case that the defendant raised a loan against the victim against the Changwon District Court Kim Jong-si Court (2010 tea3398), the victim asserted the exemption and raised an objection, and in the above lawsuit of demanding the loan (2010 Ghana40681), the defendant withdrawn the above lawsuit against the victim on December 6, 2010.

Nevertheless, around August 13, 2018, the Defendant sent to the victim a letter of confirmation that he/she is obliged to enforce the repayment demand and non-payment of the above loan to the victim by mail, along with a copy of the payment order. On August 29, 2018 and September 10, 2018, the Defendant sent a letter of confirmation of the same contents to the victim by mail, and sent a text message from August 14, 2018 to September 8, 2018 to urge the payment seven times.

As a result, the defendant expressed his intention to collect the non-existent claim as a debt collector.

2. The Defendant was aware of the existence of each credit against the victim.

arrow