Court partially allowed a loan contract claim, awarding principal and interest while dismissing excessive penalty fees.
Poland (PL)
Legislator summary
AI generatedThe court partially granted the plaintiff's claim for payment based on a loan agreement secured by a blank check. While the court recognized the validity of the principal debt and contractual interest, it rejected the defendant's argument that the entire claimed amount was due, noting that certain fee clauses were not binding. Consequently, the judgment awarded the specific remaining balance of 7,370.22 PLN plus interest, while dismissing the excess claim and ordering cost sharing between the parties.
Legislator headnote
AI generatedArt. 720 § 1 k.c.; Art. 385 § 1 k.c.; Art. 98 § 1, 3 k.p.c.; Art. 99 k.p.c.; Art. 100 k.p.c.; Art. 320 k.p.c.: Where a loan agreement stipulates both principal repayment and additional fees, the court must verify the binding nature of each clause; if some fees are deemed non-binding or excessive, the creditor is entitled only to the proven principal and valid interest, while costs are allocated proportionally based on the degree of success in the proceedings.