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XXV C 388/14 AI generated

Court partially allowed claim for statutory interest on unpaid invoices based on defendant's knowledge of debt.

Case Number XXV C 388/14
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court dismissed the plaintiff's main claim for the remaining debt but granted a partial award for statutory interest on specific invoice amounts. The defendant argued against payment, yet the court found it had sufficient knowledge of the debt by mid-April 2013, establishing a delay period for interest calculation. Consequently, the court ordered the defendant to pay the calculated interest while dismissing the rest of the claim and splitting the litigation costs between the parties.

Legislator headnote

AI generated

Art. 455 k.c.; Art. 481 § 1, 2 k.c.; Art. 647 § 5 k.c.; Art. 482 k.c.; Art. 100 k.p.c.; Art. 113 ust. 1 u.k.s.c.: When a debtor possesses knowledge of the debt and the claimant's request is complete, the period following such knowledge constitutes the delay period for calculating statutory interest, leading to a partial award of interest and proportional cost allocation.

Keywords

AI generated
statutory interest delay period debtor knowledge proportional costs civil procedure invoice payment partial dismissal

Cited Legislation

AI generated
Art. 647 § 5 k.c.
Art. 455 k.c.
Art. 481 § 1, 2 k.c.
Art. 482 k.c.
Art. 100 k.p.c.
Art. 113 ust. 1 u.k.s.c.
Art. 11 ustawy z dnia 8 lipca 2005 r. o Prokuratorii Generalnej Skarbu Państwa
art. 84 k.p.c
art. 371 k.c
art. 455 k.c

Cited Case Law

AI generated
II CSK 210/10
Contractor's consent to subcontractor agreement valid if investor knew key terms or could have learned them.
I ACa 109/13
Contractor appeal dismissed; municipality not liable for subcontractor due to lack of knowledge and invalid objection procedure.
III CZP 6/08
Supreme Court rules investor consent for subcontractor contracts need not be written, allowing implied consent under general civil law rules.
IV CSK 91/12
Supreme Court dismisses cassation complaints for failure to state a specific legal ground for appeal.
VI ACa 189/13
Appeal court dismissed interest claim due to preclusion rules and found lower court erred on delay and costs.
VI ACa 846/13

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