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(영문) 서울중앙지방법원 2014.07.17 2014노1084
채권의공정한추심에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

Since the defendant was only a victim of tort and did not have the status of creditor, the defendant was not a beneficiary of the law relating to fair collection of claims, and the defendant was a creditor.

Even if the defendant is not an old bond business operator or illegal credit service business operator, the defendant is not subject to the law for fair collection of claims, and it is not only that the victim who has obtained fraud and sent F's family member, who is the perpetrator, to find out the whereabouts of F, and the defendant's act constitutes a justifiable act under Article 20 of the Criminal

Judgment

The Defendant also asserted the same purport as the grounds for appeal, and the lower court rejected the allegation on the grounds as set forth below.

In light of the records, we examine the reasoning of the judgment below in light of the records, and examine the following circumstances, which can be seen by the statement of the "Act on Fair Debt Collection" as stated in No. 8 of this evidence, namely, the Fair Debt Collection Practices Act not only professional business operators such as credit service providers and debt collection business operators, but also general creditors who lend money are subject to its application. The judgment of the court below is acceptable, and it is hard to see that there is an error of law by misunderstanding of facts or misunderstanding of legal principles as

Therefore, the defendant's above assertion is without merit.

The Fair Debt Collection Practices Act prevents debt collectors from abusing their rights or using illegal means, thereby creating a fair climate for debt collection and guaranteeing creditors' legitimate exercise of rights.

The purpose is to protect a peaceful life with people.

Although the defendant is also a damage collector due to a tort, the defendant is also a debt collector to whom the above law applies as a money lending creditor.

The defendant's money borrowed from the victim.

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