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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On November 7, 2007, the Pakistan Savings Bank Co., Ltd. (hereinafter “Franch Savings Bank”) agreed to lend KRW 2.5 billion to the Defendant at the interest rate of 10%, overdue interest rate of 20%, due date of payment, November 7, 2010 (hereinafter “instant loan”), and the compensation for delay as set forth in the following 1), and Article 7(2) of the General Terms and Conditions of Credit Transactions related thereto are as follows.
1) Article 2 (1) of the Credit Transaction Agreement of the Loan of this case (1) (1) of the Credit Transaction Agreement of this case where interest, installment payments, or installment payments have not been paid on the due date, and damages for delay shall be paid immediately to the amount to be paid. (2) If a debtor fails to pay his/her obligation at the expiration date of the credit period, or has lost his/her interest pursuant to Article 7 of the Credit Transaction Basic Terms and Conditions of the Mutual Savings Bank, he/she shall, from that time, pay damages for delay to the balance of the credit, if any of the following events occurs with respect to the debtor under Article 7 (2) of the Credit Transaction Basic Terms and Conditions of the Mutual Savings Bank,
However, the savings bank shall notify the obligor of the fact that it has delayed payment of the following obligations and the loss of profits arising therefrom no later than three business days prior to the date of loss of time, and if it has not notified three business days prior to the date of loss of time due, the obligor will be obliged to pay the due interest by loss of time at the expiration of three business days from the date of actual notification.
1. When interest, etc. is paid continuously for one month from the time such payment is made;
B. The Pakistan Savings Bank received monthly interest from the Defendant, and was not paid interest from June 2009, and was paid the principal amount of KRW 2,500,000,000 on November 11, 2009 and some interest.