I C 310/17
AI generated
Court allows partial claim for telecom debt including contractual penalty and interest against defendant.
Poland (PL)
Legislator summary
AI generatedThe court granted the plaintiff's claim for a partial payment of approximately 1,748 PLN plus process costs against the defendant. The defendant argued against the debt, but the court found the evidence regarding the telecom service contract and subsequent assignment of the claim to be clear and consistent. Consequently, the court ruled that the plaintiff was entitled to recover the specific portion of the debt that had been precisely documented and assigned, rejecting the defendant's defense.
Legislator headnote
AI generatedArt. 405 k.p.c.; Art. 98 k.p.c.: A creditor may enforce a partial assignment of a claim if the amount is precisely identified and supported by evidence, provided the original debt was validly incurred and the assignment was properly notified.
Keywords
AI generated
assignment of claim
telecom service contract
contractual penalty
partial debt recovery
assignment notification
process costs
evidence sufficiency
Cited Legislation
AI generatedArt. 405 k.p.c.
Art. 98 k.p.c.
art. 98 k.p.c
Related Decisions
AI generatedVIII C 520/12
Court partially allowed claim for telecom services, awarded defendant travel costs, and dismissed remainder of suit.
VIII C 2863/15
Court dismissed telecom contract claim for non-payment, ruling penalty clauses void under consumer protection laws.
X C 2815/15
Court dismissed defendant's statute of limitations defense, ruling debt arose from telecom service breach, not phone sale.
I C 1330/16
Court awards contractual penalty to telecom operator for early contract termination by defendant.