II Ca 573/16
AI generated
Court partially allows appeal on loan interest and costs, dismissing remainder based on partial loss calculation.
Poland (PL)
Legislator summary
AI generatedThe court partially allowed the appellant's appeal, modifying the first-instance judgment to award an additional 30,800 PLN in interest and adjusting cost allocations. The appellant argued for specific interest rates and full cost recovery, while the respondent contended for the original calculation. The court determined the appellant lost 72.22% of the case in the second instance, leading to a proportional split of appellate costs and a partial adjustment of the awarded interest.
Legislator headnote
AI generatedArt. 405 § 1 k.p.c.; Art. 406 § 1 k.p.c.: In an appeal where the first-instance judgment is partially overturned, the losing party bears a proportionate share of the appellate costs based on the degree of their loss in the second instance.
Keywords
AI generated
partial appeal success
interest calculation
costs allocation
loan contract dispute
second instance judgment
Cited Legislation
AI generatedArt. 405 § 1 k.p.c.
Art. 406 § 1 k.p.c.
art. 13 § 1 k.k
art. 286 § 1 k.k
art. 270 § 2 k.k
art. 11 § 2 k.k
art. 860 k.c
art. 861 k.c
art. 506 § 1 k.c
art. 720 k.c