Plaintiff's claim dismissed due to failure to prove loan contract and excessive interest rates.
Poland (PL)
Legislator summary
AI generatedThe court dismissed the plaintiff's claim for payment of 452.23 PLN against the defendant, who remained silent throughout the proceedings. Although the plaintiff alleged a loan relationship and assignment of rights, the court found the evidence insufficient to prove the original loan contract existed or that the debt amount was accurate. The court rejected the claim because the plaintiff failed to produce the original agreement, preventing verification of interest rates which appeared to exceed legal limits.
Legislator headnote
AI generatedArt. 339 § 1 k.p.c.; § 2 art. 339 k.p.c.; Art. 6 k.c.; Art. 257 § 2 k.p.c.: Where a plaintiff fails to prove the existence of a loan contract and the court cannot verify the debt amount due to the absence of the original agreement, the plaintiff's assertions must be rejected as untrue.