Judgment of the District Court of Lublin, 1st Civil Division, dated June 7, 2019
I C 420/18
Presiding Judge: SSO Piotr Czerski
Judges: SSO Jolanta Szymanowska, SSO Agnieszka Wojnarowicz-Posłuszna
after hearing on June 7, 2019 in Lublin
the case from the action of J. O. (representative), acting in his own name and on his own behalf and on behalf of: [data of 25 members of the group]
against (…) Spółka Akcyjna with its registered office in L. in group proceedings for payment of
I. Award the amount of PLN 1,009,000.00 (one million nine thousand 00/100) from the defendant (…) Joint Stock Company, L., in favor of J. O. (class representative), with contractual interest at the rate of 8.8% per annum on this amount from November 28, 2016 to November 27, 2017, and statutory interest for delay from November 28, 2017 to the date of payment, determining that the following amounts are due from the awarded amount to individual members’ of the class (subgroups):
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- In favor of (…) and (…) the amounts of PLN 118,000.00 (one hundred and eighteen thousand 00/100 zlotys) each with contractual interest at the rate of 8.8% per annum on this amount from November 28, 2016 to November 27, 2017, and statutory interest for delay from November 28, 2017 to the date of payment;
- in favor of (…), (…), (…) and (…) the amounts of PLN 85,000.00 (eighty-five thousand 00/100 zlotys) each, with contractual interest at the rate of 8.8% per annum on this amount from November 28, 2016 to November 27, 2017, and statutory interest for delay from November 28, 2017 until payment;
- in favor of (…), (…) and (…) the amounts of PLN 43,000.00 (forty-three thousand 00/100 zlotys) each, with contractual interest at the rate of 8.8% per annum on this amount from November 28, 2016, to November 27, 2017, and statutory interest for delay from November 28, 2017 until payment;
- to (…), (…) and (…) the amount of PLN 34,000.00 (thirty-four thousand 00/100 zlotys) with contractual interest at the rate of 8.8% per annum on this amount from November 28, 2016, to November 27, 2017, and statutory interest for delay from November 28, 2017, to the date of payment;
- In favor of (…) and (…) the amount of PLN 26,000.00 (twenty-six thousand 00/100 zlotys) with contractual interest at the rate of 8.8% per annum on this amount from November 28, 2016, to November 27, 2017, and statutory interest for delay from November 28, 2017, to the date of payment;
- in favor of (…), (…), (…), (…), (…) and (…) the amounts of PLN 17,000.00 (seventeen thousand 00/100 zlotys) each, with contractual interest at the rate of 8.8% per annum on this amount from November 28, 2016, until November 27, 2017, and statutory interest for delay from November 28, 2017 until payment;
- in favor of (…) and (…) the amounts of PLN 12,000.00 (twelve thousand 00/100 zlotys) each, with contractual interest at the rate of 8.8% per annum on this amount from November 28, 2016, to November 27, 2017, and statutory interest for delay from November 28, 2017 until payment;
- in favor of (…) and (…) the amounts of PLN 8,000.00 (eight thousand 00/100 zlotys) each, with contractual interest at the rate of 8.8% per annum on this amount from November 28, 2016, to November 27, 2017, and statutory interest for delay from November 28, 2017 until payment;
- to (…) and (…) the amounts of PLN 4,000.00 (four thousand 00/100 zlotys) each, with contractual interest at the rate of 8.8% per annum on this amount from November 28, 2016, to November 27, 2017, and statutory interest for delay from November 28, 2017, to the date of payment;
II. Award from the defendant (…) joint stock company with its registered office in L. in favor of the class representative the total amount of PLN 33,186.25 (thirty-three thousand one hundred eighty-six 25/100 zlotys) for the costs of the trial;
III. orders that the amount of PLN 524.35 (five hundred and twenty-four 35/100 zlotys) be collected from the defendant (…) Joint Stock Company, with its registered office in L., in favor of the State Treasury – the Regional Court in Lublin – as reimbursement of expenses;
IV. gives the judgment in point I the order of immediate enforceability.