Obligation to minimize damages in case a loan was unjustly declared due and payable?

In the case decided, a bank unjustly declared the loan earlier due and payable, whereupon the borrower demanded the costs of the debt restructuring from the bank as compensation for damages. The fact that the borrower has not denied his obligation to repay cannot be qualified as a breach of his obligation to mitigate damages. The borrower did not recognise the due date of the credit claim but the open balance. [OGH 27.01.2016, 4 Ob 167/15k]