The judgment below

The part against the plaintiff is reversed, and that part of the case is remanded to Busan District Court Panel Division.

The grounds of appeal are examined.

1. Review of the reasoning of the lower judgment and the record reveals the following facts.

On October 30, 2010, the Pakistan Savings Bank (the Busan District Court Decision 2012Hahap7, which was declared bankrupt on October 30, 2010, and the Plaintiff was appointed as bankruptcy trustee; hereinafter the same shall apply) determined on June 30, 2009 2.5 billion won as interest rate of 10% per annum, interest rate of 25% per annum, interest rate of 25% per annum, interest payment date of 30% per month, and due date of November 7, 2010.

B. The Defendant paid only interest until July 29, 2009 and did not pay interest after August 2009. On September 15, 2009, the Pakistan Savings Bank sent a notice to the Defendant that it is expected to proceed with compulsory execution procedures following the delay of the obligation to pay interest (hereinafter “instant notice”). The notice reached the Defendant on September 19, 2009.

C. On November 11, 2009, the Defendant repaid 35,617,187 won to the Bank of Pakistan with interest or liquidated damages with the loan principal of KRW 2.5 billion.

Meanwhile, Article 7(2)1 of the General Terms and Conditions on Credit Transactions applicable between the Bank and the Defendant of the Pakistan Savings Bank, and Article 7(2)1 of the General Terms and Conditions on Credit Transactions applicable between the obligor and the Defendant, if delayed for one month continuously from the time when the obligor pays interest, etc., they naturally lose the benefit of the obligation and immediately pay it. In such a case, the Savings Bank, the obligee, shall notify the obligor of the fact of delay in the performance of obligation at least three business days prior to the day when the obligor loses the benefit of time, and if it fails to notify by three business days prior to the day when the obligor loses the benefit of time, it shall be liable for the obligor to pay it immediately.

2. According to the above facts, the defendant is the date of payment of interest on August 2009 (from July 30, 2009 to August 29, 2009).