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(영문) 서울중앙지방법원 2013.12.06 2013고정2627
채권의공정한추심에관한법률위반
Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged in the instant case is the person in charge of the collection of claims arising from the monetary transaction relationship with G Company B since 2008 while working at the claim management team of the Plaintiff B, and Defendant B was the person in charge of the collection of claims arising from the monetary transaction relationship with B.

9.2. It is a juridical person established for the purpose of credit business.

Defendant

A No debt collector shall engage in any conduct that seriously undermines privacy or peace in business by repeatedly demanding any person other than a debtor who is not legally obligated to repay a debt in connection with debt collection to repay a debt on behalf of a debtor to arouse fear or apprehension.

Nevertheless, at around 10:29 on June 12, 2012, the Defendant: (a) called G’s husband H’s Handphone to demand repayment of G’s obligations; and (b) committed an act that seriously undermines the peace of the privacy of other persons than G, a debtor.

B. The above Gap, an employee of the defendant B, committed the above violation in relation to the defendant's business.

2. The evidence presented as shown in this part of the facts charged lies in H’s investigative agency and records in this court (see, e.g., Jun. 12, 2012). According to the above, the fact that Defendant A called “B”’s spouse, the debtor of the Plaintiff Company B (hereinafter “B”), to “B”) at the time indicated in the facts charged, that it is not in compliance with the debt repayment agreement can be acknowledged.

However, the record reveals the following circumstances.

① On December 28, 2011, H: (a) around December 28, 201, he/she intended to receive and deal with G calls from B, who is a B employee; (b) asked the said I or his/her employee about loans and interest; (c) filed an objection to G loans and interest; and (d) provided that H had the intent to complete the payment of his/her phone number; and (c) provided that H changed his/her phone number.

No. 68, 69 and November 7, 2013, of stenographic records No. 40 of investigation records, shall be recorded as reference materials.

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