Legislator Case Law & Legislation
DE FR IT EN
Analyze in Legislator
V ACa 397/21 AI generated

Court increases construction loan debt award by correcting calculation errors regarding principal and interest amounts.

Case Number V ACa 397/21
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The appellate court modified the first-instance judgment to increase the awarded debt from 129,594.07 zł to 164,855.50 zł by correcting the calculation of the loan principal and interest components. The plaintiff sought to declare a foreign currency construction loan invalid and recover the sum of repayments made, while the bank contested the specific valuation of these amounts. The court ruled that the lower court's arithmetic regarding the loan structure was erroneous, necessitating a recalculation of the total debt owed.

Legislator headnote

AI generated

Art. 353 § 1 k.c.; Art. 189 k.p.c.: The court must correct factual or arithmetic errors in the assessment of loan principal and interest when determining the validity of a construction loan agreement and the resulting debt obligation.

Keywords

AI generated
construction loan validity foreign currency debt interest calculation error principal amount assessment appellate correction civil procedure appeal loan repayment obligation

Cited Legislation

AI generated
Art. 353 § 1 k.c.
Art. 189 k.p.c.
art. 189 k.p.c
art. 58 § 1 k.c
art. 731 k.c
art. 358 § 1 k.c
art. 3851 § 3 k.c
art. 358 § 2 k.c
art. 56 k.c
art. 189 k.c

Cited Case Law

AI generated
I CKN 272/00
V CKN 1211/00
I CK 635/03
I CSK 49/12
Supreme Court dismisses consumer claim that standard clause binding to parking space is unfair under Polish Civil Code.
VI ACa 88/10
V ACa 1460/11
VI ACa 698/18
C-618/10
C-488/11
C-70/17
C-179/17
C-776/19
C-698/18
C-699/18
C-224/19
AI generated
I C 813/25
Court declares mortgage loan contract void and orders borrower to repay principal and interest.
I C 1925/20
Court declared mortgage loan contract void and ordered bank to return overpaid loan amount plus interest.
I C 169/22
Court declared mortgage loan contract void and ordered bank to repay consumer plus interest.
I C 192/20
Court declares mortgage loan contract void and orders bank to refund unearned installments.
I C 345/20
Court invalidates a consolidated loan contract and orders bank to repay principal plus interest.

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text