Legislator Case Law & Legislation
I C 518/20 AI generated

Court partially allowed debt claim for remaining loan balance and adjusted interest to prevent double calculation.

Case Number I C 518/20
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court partially granted the plaintiff's claim for the remaining loan balance and associated costs, while rejecting the excessive portion of the interest demand. The plaintiff sought repayment of a secured debt transferred from one bank to another after the defendant defaulted on payments. The court ruled that the plaintiff must pay only the outstanding principal plus specific contractual and statutory interest, explicitly rejecting the calculation that would result in double interest for the same period.

Legislator headnote

AI generated

Art. 359 § 1, 2 k.c.; Art. 333 § 1 pkt 3 k.p.c.; The court must calculate interest on the remaining debt balance without double counting, and may award all process costs if the opposing party loses only a negligible part of their claim.

Keywords

AI generated
partial claim allowance loan balance recovery interest calculation error double interest prohibition process cost allocation debt transfer security preliminary judgment enforceability

Cited Legislation

AI generated
Art. 359 § 1 k.c.
Art. 359 § 2 1 k.c.
Art. 100 k.p.c.
Art. 333 § 1 pkt 3 k.p.c.
art. 339 § 1 k.p.c
art. 339 § 2 k.p.c
art. 359 § 1 k.c
art. 333 § 1 pkt 3 k.p.c
AI generated

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