I C 595/20
AI generated
Plaintiff's claim dismissed; defendant repaid loan before demand, extinguishing debt and interest claims.
Poland (PL)
Legislator summary
AI generatedThe court dismissed the plaintiff's claim for payment of a loan and contractual interest. The defendant had already repaid the entire loan amount and interest before the plaintiff filed the lawsuit, thereby extinguishing the debt. Consequently, the plaintiff had no remaining claim against the defendant, and the court awarded no costs to the losing party.
Legislator headnote
AI generatedArt. 359 § 1 k.c.; Art. 359 § 2 ust. 1 k.c.; Art. 481 § 2 k.c.; Art. 98 k.p.c.: Where a debtor has fully repaid the principal and interest prior to the filing of a lawsuit, the creditor's claim is extinguished, and the court must dismiss the action while awarding no costs to the unsuccessful plaintiff.
Keywords
AI generated
loan repayment
extinguishment of debt
contractual interest
dismissal of claim
costs of proceedings
Cited Legislation
AI generatedArt. 359 § 1 k.c.
Art. 359 § 2 ust. 1 k.c.
Art. 481 § 2 k.c.
Art. 98 k.p.c.
art. 481 § 2 k.c
art. 339 § 1 k.p.c
art. 339 § 2 k.p.c
art. 720 k.c
art. 353 § 1 k.c
art. 359 § 1 k.c
Related Decisions
AI generatedI C 565/20
Partial withdrawal of claim allowed; remaining claim dismissed due to full payment by defendant.
VIII C 536/21
Court partially allowed claim for interest on debt while dismissing main claim due to calculation errors.
I C 2009/17
Court partially dismissed loan contract claim, awarding partial payment and interest while rejecting excessive fees as abusive.
I C 1100/17
Court partially dismissed loan claim, allowing principal and interest but rejecting excessive fees as usurious. 10k awarded, 7k fees dismissed.
I C 830/19
Consumer loan contract abusive clauses voided; claim dismissed after plaintiff withdrew partial debt.