Case law > Judgment of the Regional Court in Kraków, 1st Civil Division, dated 19th December 2022

Judgment of the Regional Court in Kraków, 1st Civil Division, dated 19th December 2022
I C 862/12

  1. Reparation of the damage by the person deriving the benefit can be made both by restoring the previous state of affairs and by paying a sum of money. In any case, however, the upper limit of this person’s liability is the value of the gained benefit, which is to be valued according to the state at the time of its attainment and at the prices on the date of judgment (argument from Article 363 § 2 of the Civil Code). Such a limitation of liability follows from the wording of Article 422 of the Civil Code, which imposes liability only on the one who, after the tort, obtained a benefit from it. Thus, if someone helped the perpetrator after committing the tort, but did so gratuitously and did not gain any benefit from it, he will not be liable for damages.
  2. Immediately it should be pointed out the subsidiary nature of the evidence itself from the testimony of group members, treated in this aspect like the plaintiff, and the lack of “disciplinary” provisions in the situation of refusal to testify or answer individual questions.
  3. The limit of the defendant’s liability to individual persons is the amount of money actually received at the time of the loan agreements, and therefore without taking into account the amounts paid by the borrowers for the tax on civil law transactions.
  4. Evaluating the actions of the defendant, aimed first at securing its own claim and then at obtaining satisfaction of its own claim at the expense of other creditors with a much weaker position than that of the defendant, they should be assessed as an abuse of subjective law.
  5. In favor of married members of the group, the awarded amounts were awarded jointly, in accordance with the case law on claims pursued by persons in the regime of marital joint property.

The Regional Court in Kraków, 1st Civil Division, composed of:

Presiding Judge:           Agnieszka Włodyga, Regional Court Judge

Judges:                            Justyna Sieklicka – Pawlak, Regional Court Judge;

Barbara Wypchło – Grymek, Regional Court Judge

having recognized on 19th December 2022 in Kraków, at a hearing, the case brought by D. N. – representative of a group consisting of: [data of 55 group members] against (…) with its registered office in N. for payment in group proceedings,

  1. awards from the defendant (…) with its registered office in N. to E. G. (1) the amount of PLN 64,733.78 (sixty-four thousand seven hundred and thirty-three zlotys seventy-eight cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  2. awards from the defendant (…) with its registered office in N. to A. S. (1) the amount of PLN 68,187.41 (sixty-eight thousand one hundred eighty-seven zlotys forty-one cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  3. awards from the defendant (…) with its registered office in N. to J. M. (1) the amount of PLN 66,327.70 (sixty-six thousand three hundred and twenty-seven zlotys seventy cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  4. awards from the defendant (…) with its registered office in N. to spouses J. and A. K. (1) the total amount of PLN 68,200 (sixty-eight thousand two hundred zlotys) with statutory interest for delay from 9th March 2016 until the date of payment;
  5. awards from the defendant (…) with its registered office in N. to A. C. the amount of PLN 94,331.19 (ninety-four thousand three hundred and thirty-one zlotys nineteen cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  6. awards from the defendant (…) with its registered office in N. to spouses J. and Z. P. a total of PLN 95,876.21 (ninety-five thousand eight hundred and seventy-six zlotys twenty-one cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  7. awards from the defendant (…) with its registered office in N. to R. P. the amount of PLN 105,559.21 (one hundred and five thousand five hundred and fifty-nine zlotys twenty-one cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  8. awards from the defendant (…) with its registered office in N. to spouses Z. and M. B. (1) the total amount of PLN 110,540.42 (one hundred and ten thousand five hundred and forty zlotys forty-two cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  9. awards from the defendant (…) with its registered office in N. to B. D. the amount of PLN 115,207.97 (one hundred and fifteen thousand two hundred and seven zlotys ninety-seven cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  10. awards from the defendant (…) with its registered office in N. to spouses H. and K. Z. a total of PLN 118,229.31 (one hundred and eighteen thousand two hundred and twenty-nine zlotys thirty-one cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  11. awards from the defendant (…) with its registered office in N. to spouses M. D. (1), M. D. (2) the total amount of PLN 127,791.31 (one hundred and twenty-seven thousand seven hundred and ninety-one zlotys thirty-one cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  12. awards from the defendant (…) with its registered office in N. to spouses M. M. (1), P. M. (1) the total amount of PLN 128,415.46 (one hundred and twenty-eight thousand four hundred and fifteen zlotys forty-six cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  13. awards from the defendant (…) with its registered office in N. to B. S. (1) the amount of PLN 134,650 (one hundred and thirty-four thousand six hundred and fifty zlotys) with statutory interest for delay from 9th March 2016 until the date of payment;
  14. awards from the defendant (…) with its registered office in N. to spouses I. and W. C. the total amount of PLN 142,202.57 (one hundred and forty-two thousand two hundred and two zlotys fifty-seven cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  15. awards from the defendant (…), with its registered office in N. to spouses K. K. (1) and J. O. (1) the total amount of PLN 142,668.86 (one hundred and forty-two thousand six hundred and sixty-eight zlotys eighty-six cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  16. awards from the defendant (…) with its registered office in N. to spouses A. J. and D. L. a total of PLN 142,265.08 (one hundred and forty-two thousand two hundred and sixty-five zlotys eight cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  17. awards from the defendant (…) with its registered office in N. to A. and K. K. (2) a total of PLN 143,596.95 (one hundred and forty-three thousand five hundred and ninety-six zlotys ninety-five cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  18. awards from the defendant (…) with its registered office in N. to A. N. the amount of 151,831.82 zlotys (one hundred and fifty-one thousand eight hundred and thirty-one zlotys eighty-two cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  19. awards from the defendant (…) with its registered office in N. to spouses Z. and T. B. the total amount of 152,408.43 zlotys (one hundred and fifty-two thousand four hundred and eight zlotys forty-three cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  20. awards from the defendant (…), with its registered office in N. to spouses B. M. and J. M. (2) a total of PLN 154,520.26 (one hundred and fifty-four thousand five hundred and twenty zlotys twenty-six cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  21. awards from the defendant (…) with its registered office in N. to D. N. the amount of PLN 159,492.25 (one hundred and fifty-nine thousand four hundred and ninety-two zlotys twenty-five cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  22. awards from the defendant (…) with its registered office in N. to spouses J. and J. Z. (2) the total amount of PLN 163,117.62 (one hundred sixty-three thousand one hundred and seventeen zlotys sixty-two cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  23. awards from the defendant (…) with its registered office in N. to spouses A. S. (2) and P. S. the total amount of PLN 168,515.37 (one hundred and sixty-eight thousand five hundred and fifteen zlotys thirty-seven cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  24. awards from the defendant (…) with registered office in N. to A. L. the amount of PLN 168,637.46 (one hundred and sixty-eight thousand six hundred and thirty-seven zlotys forty-six cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  25. awards from the defendant (…) with its registered office in N. to spouses B. and T. S. the total amount of PLN 172,335.79 (one hundred and seventy-two thousand three hundred and thirty-five zlotys seventy-nine cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  26. awards from the defendant (…) with its registered office in N. to J. Z. (1) the amount of PLN 177,080.29 (one hundred and seventy-seven thousand eighty zlotys twenty-nine cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  27. awards from the defendant (…) with its registered office in N. to spouses D. and M. P. the total amount of PLN 177,392.54 (one hundred and seventy-seven thousand three hundred and ninety-two zlotys fifty-four cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  28. awards from the defendant (…), with its registered office in N. to spouses E. M. and S. M. the total amount of PLN 189,883.45 (one hundred eighty-nine thousand eight hundred eighty-three zlotys forty-five cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  29. awards from the defendant (…) with its registered office in N. to M. W. the amount of PLN 209,310 (two hundred and nine thousand three hundred and ten zlotys) with statutory interest for delay from 9th March 2016 until the date of payment;
  30. awards from the defendant (…) with its registered office in N. to spouses E. and M. B. (2) a total of PLN 222,471.04 with statutory interest for delay from 9th March 2016 until the date of payment;
  31. awards from the defendant (…) with its registered office in N. to spouses A. and W. B. (1) the total amount of PLN 222,512.48 (two hundred and twenty-five thousand five hundred and twelve zlotys forty-eight cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  32. awards from the defendant (…) with its registered office in N. to J. S. (1) the amount of PLN 225,521.21 (two hundred and twenty-five thousand five hundred and twenty-one zlotys twenty-one cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  33. awards from the defendant (…) with its registered office in N. to spouses G. and M. G. the total amount of PLN 225,608.33 (two hundred and twenty-five thousand six hundred and eight zlotys and thirty-three cents) with statutory interest for delay from 9th March 2016 until the date of payment;
  34. awards from the defendant (…) with its registered office in N. to spouses D. and W. S. the total amount of PLN 237,650 (two hundred and thirty-seven thousand six hundred and fifty zlotys) with statutory interest for delay from 9th March 2016 until the date of payment;
  35. dismisses the claim in the further part;
  36. determines that the defendant (…) with its registered office in N. shall bear the costs of the proceedings in full, leaving the detailed calculation of the costs to the court clerk.