[1] Whether the "final address where the relevant financial institution is recognized" under Article 9 (1) of the Credit Information Management Rules of the Korea Federation of Banks shall be limited to the "final address where the relevant financial institution is located (negative)" (negative)

[2] The case holding that when a financial institution's former address was returned, it shall be deemed that it performed the duty of advance notice immediately without taking measures such as sending the repayment guide to the workplace address or identifying the domicile by telephone, etc., and that it cannot be deemed that it performed the duty of advance notice for the registration of bad credit information under Article 9 (1) of the Credit Information Management Rules of the Korea Federation of Credit Information established by the Korea Federation of Credit Information;

[1] There is no reason to limit the "final address known to the relevant financial institution" to the "final address known to the relevant financial institution" under Article 9 of the Credit Information Management Rules of the Korea Federation of Banks, and it includes the last address identified as a result of verification through workplace address, telephone number, mobile phone number, facsimile number, etc. submitted to the financial institution, and it is reasonable in light of the purport of strict interpretation and application of the above

[2] The case holding that when the repayment guide sent by a financial institution to the debtor's former address was returned, it shall be deemed that the financial institution immediately performed the obligation of prior notice without taking measures such as sending the repayment guide to the debtor's workplace address or identifying his domicile by telephone, etc., and that the debtor's registration as the debtor cannot be deemed as performing the obligation of prior notice for the registration of credit bad information under Article 9 (1) of the Credit Information Management

[1] Article 105 of the Civil Code / [2] Article 105 of the Civil Code, Article 2 and Article 25 of the Use and Protection of Credit Information Act

[1] Supreme Court Decision 95Da24517 delivered on December 6, 1996 (Gong1997Sang, 174)

Plaintiff

Trustee in bankruptcy of the bankrupt future credit safe corporation and one other

Busan District Court Decision 2003Gahap5231 delivered on October 9, 2003

April 8, 2004

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

1. Purport of claim

The defendant will implement the procedure to cancel the information of bad credit standing to the plaintiff registered with bad credit standing on February 20, 2003 in the credit information joint computer network of the Korea Federation of Banks, which is the non-party incorporated.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

1. Facts of recognition;

The following facts are either disputed between the parties, or acknowledged by considering the whole purport of the pleadings in each entry of Gap evidence 1, Gap evidence 2, Gap evidence 3, Eul evidence 1 through Eul evidence 7, and there is no counter-proof.

A. Plaintiff’s loan obligations

(1) On October 17, 200, the Plaintiff received a loan of KRW 1 million from the Future Credit Depository Co., Ltd. (hereinafter “Smi Credit Depository”) at interest rate of KRW 24% per annum, and the period of the loan is one year. If the Future Credit Depository deems it appropriate, the Plaintiff agreed to extend the loan period automatically by the amount of the above agreement period without any separate application of the Plaintiff. The Future Credit Depository extended the loan period on October 17, 2001, which is the expiration date of the loan by one year.

(2) The future credit safe was declared bankrupt by the Busan District Court on February 20, 2002 and the defendant was appointed as the bankruptcy trustee.

(b) Change of the description and address in the loan application form;

(1) The application form for the comprehensive passbook loan (certificate No. 1) prepared and submitted by the Plaintiff at the time of the loan contains the Plaintiff’s home address such as the Plaintiff’s 'Yansan-dong, Busan-gu, Busan-do (hereinafter referred to as the 'previous home address’) and the 'Yan-gu, Busan-do, Busan-do, 351-3' as the workplace address, and include the home telephone number, cell phone number, workplace telephone number, and workplace facsimile number.

(2) On May 15, 2002, the Plaintiff was at the former address of Busan Jin-dong 351-3 (workplace address), but there was no change in the workplace address and home telephone number, mobile phone number, workplace telephone number, and workplace facsimile number.

(c) Registration of bad credit holders and repayment of loans;

(1) On October 17, 2002, Defendant-in-charge sent a repayment guide to the effect that the loan period extended on October 17, 2002 does not extend again, and on October 18, 2002, the full amount of the loan is registered as credit bad if it is not repaid by November 17, 2002, to the Plaintiff’s former home address. The repayment guide was returned on the ground of the lapse of the period of storage from the competent post office on January 21, 2003 because it was not served on two occasions despite the delivery.

(2) When the repayment guidance book was returned, the employee in charge of the defendant did not take measures such as sending it again to the plaintiff's workplace address or communicating the plaintiff via telephone (on September 10, 2002, the plaintiff was urged to pay interest amount of KRW 90,000 by urging the plaintiff to pay interest by telephone around September 10, 200). On February 20, 2003, three months after the expiration date of the loan period, the plaintiff was registered as the credit information joint computer network of the Korea Federation of Banks of Banks

(3) The Plaintiff did not pay the principal and interest of the loan until the closing of the instant argument.

(d) Regulations concerning the credit information management rules and basic terms and conditions of credit transactions;

(1) The relevant regulations of the credit information management rules of the Korea Federation of Banks

Article 1 (Purpose)

The purpose of this Code is to contribute to the efficient use of credit information and the establishment of a sound credit order by providing and using credit information to customers during the financial period as prescribed by the Use and Protection of Credit Information Act, the Enforcement Decree of the same Act, the Enforcement Rule of the Credit Information Business Supervision Regulations, and

Article 8 (Persons Subject to Improper Credit Information)

A person subject to bad credit information shall be a customer who causes any of the following grounds, and specific grounds for registration shall be in accordance with the management standards:

1. The fact that loans are in arrears or for other purposes (not more than subparagraph 2 is omitted);

[Management Standards] 2. Credit Influent Information

Reasons 1: Customer who has overduely paid the principal, interest, etc. of the loan for at least three months;

Article 9 (Notice of Registration of Unpaid Credit Information)

(1) Where a financial institution registers bad credit information with a centralized credit information collection agency, it shall give prior notice to the relevant customer, at least one month prior to the registration, of such information, to the final address of which the financial institution is aware of;

(2) A notice of registration of bad credit information under paragraph (1) shall be sent by ordinary mail.

(3) Where notice was given to the final address known by the relevant financial institution pursuant to paragraphs (1) and (2), it shall be deemed that the financial institution has performed its duty of notice.

(2) Provisions on the basic terms and conditions of credit transactions in mutual savings and finance companies

Article 15 (Matters to be Reported and Amendments thereto, etc.)

(1) The debtor shall file a prior report on the name, trade name, representative, address, etc. of the debtor necessary for transactions, and the name, trade name, address, etc. of the debtor or signature on

(2) If there is any change in the reported matters pursuant to paragraph (1), the obligor shall immediately report in writing, and no objection shall be raised even if the credit cooperative treats it as having no change before a written report is made. In such cases, in such cases, the damage incurred by the treatment as no change is made shall be borne by the obligor and not any claim against the credit cooperative is

2. Judgment on the parties' arguments

(a) A captain;

The plaintiff asserted that the registration of the bad credit holder of this case unilaterally performed without any notification when the defendant delays the repayment of loans, despite the fact that it is registered as the bad credit holder, should be cancelled. Accordingly, since the defendant did not report the change of the bad credit holder's address when the plaintiff was appointed, the defendant treated the plaintiff as not changing the plaintiff's bad credit address pursuant to Article 15 of the credit transaction basic terms and conditions, and accordingly, when the plaintiff notified the plaintiff of the scheduled fact of being registered as the last address, the plaintiff registered the plaintiff as the bad credit holder in accordance with the credit information management rules as it was correct in accordance with the rules and the terms and conditions.

(b) Markets:

(1) The provision, registration, mutual exchange, and regulation of information on bad credit companies conducted by a financial institution pursuant to the above credit information management rules are aimed at contributing to the efficient use of credit information and the establishment of sound credit order by a financial institution. Even if an act is performed autonomously only between the financial institutions, a person registered as bad credit holders in the Korea Federation of Banks by a financial institution pursuant to the regulations shall not only be deemed to have been notified of the reason and have the credit in all financial institutions, but also be subject to the restriction such as suspension of handling new loans from all financial institutions, prohibition of opening current accounts and termination of credit cards, prohibition of issuing and using credit cards, etc. In the meantime, a financial institution shall impose the above sanctions in accordance with regulations, and accordingly, a person registered as bad credit holders under regulations will be subject to serious restriction on the freedom of credit and economic activities in today's credit society where transactions with a financial institution are inevitable (see Supreme Court Decision 95Da24517, Dec. 6, 196), and strict interpretation and application of the regulations should be made (see Supreme Court Decision 95Da2417, etc.).

(2) In light of the above, the Plaintiff’s director did not report the change of his home address, and thus the Defendant’s employee treated the Defendant’s employee as having no change of his home address, it cannot be said that there was an error under Article 15 of the Terms and Conditions, and therefore

However, there is no reason to limit the ‘final address known to the financial institution' as the final address that the financial institution is aware of in advance of Article 9 of the Code, and it includes the last address identified as the result of confirmation through the workplace address and telephone number, mobile phone number, facsimile number, etc. submitted to the financial institution, and it is reasonable in light of the purpose of strict interpretation and application of the Code as seen earlier (this is more so in light of the fact that the employee in charge of the defendant demanded the plaintiff to pay overdue interest by telephone as seen earlier).

(3) Therefore, the Defendant-in-charge did not take measures such as sending a repayment guide again to the Plaintiff’s workplace address or identifying his domicile by telephone, etc. (in the case of the Plaintiff, there was no change other than his home address, and thus, if such measures were taken, it would have been possible to receive a prior notice). Thus, deeming the Plaintiff as performing the duty of prior notice as being performed immediately, and registering the Plaintiff as the bad credit holder cannot be deemed to have performed the duty of prior notice as stipulated in Article 9(1) of the Regulations. Thus, the registration of the bad credit holder based on the premise that the Defendant performed the duty of prior notice is unreasonable

3. Conclusion

Therefore, the defendant is obligated to perform the procedure for cancelling the information of bad credit standing against the plaintiff who registered as bad credit standing holder. Therefore, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed, and it is so decided as per Disposition.

Judges Park Heung-dae (Presiding Judge) Kim Dong-ho