Court allows debt collection case costs despite plaintiff's win due to defendant's gross negligence in execution proceedings.
Legislator summary
AI generatedThe court ruled that the plaintiff must bear the process costs despite winning the lawsuit to annul the enforceability of a bank title. Although the defendant admitted the claim, the court found the bank committed gross negligence by failing to request execution suspension after the principal debt was paid. Consequently, the court applied the exception to the liability rule, ordering the plaintiff to pay the defendant's costs because the legal effect could only be achieved through this specific lawsuit.
Legislator headnote
AI generatedArt. 98 § 1, 3 k.p.c.; Art. 101 k.p.c.: The court may order the winning party to pay the losing party's costs if the losing party did not provide a cause for the lawsuit and recognized the claim at the first procedural act, treating this as a fault-based exception to the liability principle.