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VI GC 382/18 AI generated

Commercial court allows plaintiff's claim for unpaid transport fees and statutory late payment interest against defendant company.

Case Number VI GC 382/18
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The commercial court granted the plaintiff's claim for unpaid transport services and awarded statutory late payment interest. The defendant argued that the invoices were merely accounting documents without evidence of a contract or performance, but the court rejected this as a mere defense line. Consequently, the court ruled in favor of the plaintiff based on the logical sequence of evidence provided, including CMR waybills and correspondence.

Legislator headnote

AI generated

Ustawa z dnia 8 marca 2013 r. o terminach zapłaty w transakcjach handlowych; Ustawa o postępowaniu cywilnym: The court held that invoices and transport documents constitute sufficient evidence of a concluded and performed contract in commercial disputes, and that late payment interest is due without a prior demand for payment.

Keywords

AI generated
commercial debt collection unpaid transport fees late payment interest evidence of contract CMR waybills costs of proceedings statutory interest

Cited Legislation

AI generated
Act on Payment Terms in Commercial Transactions of 8 March 2013
Civil Procedure Code
art. 309 k.p.c
art. 232 k.p.c
art. 3 k.p.c
art. 6 k.c
art. 227 k.p.c
art. 98 k.p.c

Cited Case Law

AI generated
I ACa 286/14
Appeal dismissed; defendant failed to prove higher prices or service protocols as claimed.
III CRN 26/75
III CZP 56/92
AI generated
VI GC 1315/20
Court orders payment of 5,043 euros plus statutory interest and process costs to plaintiff against defendant company.
VIII C 1631/18
Court dismissed public transport fare claim due to expiration of the one-year statute of limitations without interruption.
VI GC 2036/19
Court partially allowed commercial debt claim, awarding principal and statutory interest while dismissing remaining requests.
V GC 686/15
Court partially allowed claim for statutory interest on assigned debt while dismissing main claim due to payment.
V GC 1332/17
Court orders payment for transport services plus 40 euro recovery fee and process costs against defendant.

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