Lawsuit: Adjourned MegaMinerM v. gavin_anime

[MegaMinerM]

In The Distinguished Court of The Stratham Republic
CIVIL ACTION
Date: 01/17/23

MegaMinerM

v.

gavin_anime

I. Description of Case
The Plaintiff brings forth the following causes of action and alleges the following against the Defendant:
On November 17th gavin_anime took a 5000kr loan from MegaMinerM, they agreed that gavin_anime would pay back 5250kr by December 17th (1 Month). A month after the loan expired gavin_anime still hasn’t paid back.

II. Parties
1. MegaMinerM
2. Gavin_anime

III. Sequence of Events
1. Gavin_anime takes a loan from MegaMinerM on November 17th
2. The loan expires on December 17th
3. Even after asking many times gavin_anime still hasn’t paid back after a month

IV. Claims for Relief
1. Gavin_anime signed a contract stating they would pay back 5250kr by December 17th, and he has not managed to pay back 1 month after the loan ended.

V. Damages
1. 5250kr loan with interest
2. 1000kr additional interest after a month of not paying
3. 500kr for the inconvenience
4. 500kr for missed bank interest
5. 250kr for Legal fees

*The Contract and Convo can be found below*

In advancing this form to the court, you acknowledge and concur with the rules of court which highlight the importance of honesty at all times. Moreover, you understand the punishments for breaking these rules and/or committing perjury and deception in the court.

 

[TeddyTaps230]

@gavin_anime is hereby summoned to the court to acknowledge the case. If the Defendant, @gavin_anime , does not acknowledge the case as a reply in 2 days, the case will close in the Plaintiff's favor.

Court is in Session

This case is presided by Judge Teddytaps230 Bear in mind to not reply to court cases unless summoned by the Judge!

 

[gavin_anime]

I consent for Dartanman to represent me in MegaMinerM v. gavin_anime

 

[Dartanman]

In The Distinguished Court of The Stratham Republic
ANSWER TO COMPLAINT
Date: 01/18/2023
MegaMinerM

v.

gavin_anime
(Dartanman representing)

I. Motion To Dismiss
The Defendant motions to dismiss the case, respectfully based off the following:

1. Look at the contract. Its wording is quite clear: "5250kr (including interest) is the total." Anything beyond 5250kr is not what this contract requires of my client.
2. Your honor, what is the purpose of Civil Court? According to the Court Guides, it is "to have your case settled civilly, faithfully, and fairly." Although very short, the Constitution defines a Civil Case as "a dispute between two private parties."
3. So what's going on here? A contract requires that my client, gavin_anime pays back 5250kr by the given the date of December 17, 2022. While it is true that my client failed to fulfill his end of the contract, this was not intentional. Additionally, the contract holds no extra penalty for failing to pay back the loan in time, so it should not be found that any damages beyond the 5250kr are reasonable or legal.
4. Beyond all of this, the Plaintiff's own evidence shows the following:
a. The Defendant attempting to pay back the loan to the best of their ability -- "I just need 2 more [weeks] but I can give you 1000kr"
b. The Plaintiff evidently declining to accept the partial payment, explaining "We agreed on 5250kr by the 17th December"
c. The Plaintiff attempting to take more money from the Defendant than was agreed upon -- "The contract said 5.5k and you are 10 days late."
d. The Plaintiff threatening the Defendant with a lawsuit unless they received 7k -- "7k by the 30th or I sue"
e. An explanation from the Defendant, explaining that they only have 1200kr.
5. Because of 4a, b, c, d, and e, it should be very clear to the court that this Civil Suit serves no purpose other than to attempt to extort my client into paying even more money than they are legally obligated to, despite gavin_anime not having the funds available to him in order to even pay back the original loan.
6. So with all of that, why is it the defense's opinion that this case should be dismissed? First of all, most of the Damages have no legal ground. Secondly, and perhaps the biggest reason why, is that the court cannot actually help the Plaintiff here. My client cannot pay the Plaintiff the money -- they literally do not have the net worth to do so. This Distinguished Court can order the Defendant to pay the money as quickly as possible, but the court cannot create money from nothing, and thus cannot force my client to pay the money any faster than is even possible.

In advancing this form to the court, you acknowledge and concur with the rules of court which highlight the importance of honesty at all times. Moreover, you understand the punishments for breaking these rules and/or committing perjury and deception in the court.

 

[gavin_anime]

.

 

[TeddyTaps230]

In The Distinguished Court of The Stratham Republic
ANSWER TO COMPLAINT
Date: 01/18/2023
MegaMinerM

v.

gavin_anime
(Dartanman representing)

I. Motion To Dismiss
The Defendant motions to dismiss the case, respectfully based off the following:

1. Look at the contract. Its wording is quite clear: "5250kr (including interest) is the total." Anything beyond 5250kr is not what this contract requires of my client.
2. Your honor, what is the purpose of Civil Court? According to the Court Guides, it is "to have your case settled civilly, faithfully, and fairly." Although very short, the Constitution defines a Civil Case as "a dispute between two private parties."
3. So what's going on here? A contract requires that my client, gavin_anime pays back 5250kr by the given the date of December 17, 2022. While it is true that my client failed to fulfill his end of the contract, this was not intentional. Additionally, the contract holds no extra penalty for failing to pay back the loan in time, so it should not be found that any damages beyond the 5250kr are reasonable or legal.
4. Beyond all of this, the Plaintiff's own evidence shows the following:
a. The Defendant attempting to pay back the loan to the best of their ability -- "I just need 2 more [weeks] but I can give you 1000kr"
b. The Plaintiff evidently declining to accept the partial payment, explaining "We agreed on 5250kr by the 17th December"
c. The Plaintiff attempting to take more money from the Defendant than was agreed upon -- "The contract said 5.5k and you are 10 days late."
d. The Plaintiff threatening the Defendant with a lawsuit unless they received 7k -- "7k by the 30th or I sue"
e. An explanation from the Defendant, explaining that they only have 1200kr.
5. Because of 4a, b, c, d, and e, it should be very clear to the court that this Civil Suit serves no purpose other than to attempt to extort my client into paying even more money than they are legally obligated to, despite gavin_anime not having the funds available to him in order to even pay back the original loan.
6. So with all of that, why is it the defense's opinion that this case should be dismissed? First of all, most of the Damages have no legal ground. Secondly, and perhaps the biggest reason why, is that the court cannot actually help the Plaintiff here. My client cannot pay the Plaintiff the money -- they literally do not have the net worth to do so. This Distinguished Court can order the Defendant to pay the money as quickly as possible, but the court cannot create money from nothing, and thus cannot force my client to pay the money any faster than is even possible.

In advancing this form to the court, you acknowledge and concur with the rules of court which highlight the importance of honesty at all times. Moreover, you understand the punishments for breaking these rules and/or committing perjury and deception in the court.

I thank you for your response, however I will be Overruling the motion to dismiss the case straight off the bat. I fully understand the points made, however, as summed up in point 6. the defense is requesting the case be dismissed because his client cannot pay the plaintiff the money as they do not have the net worth. Unfortunately that is not how this works, and if it was, then every case could be motioned to be dismissed due to the defence "not having the net worth" to pay the money back that they borrowed.

We shall proceed with the case, and I will make it absolutely clear from this point on that I am only interested in the damages for legal fees and the loan. The contract stated nothing about interest on top of the 5250kr. It stated the loan was 5000kr + 5% simple interest taking the total loan amount payable back to the plaintiff as 5250kr. The plaintiff has acknowledged that in the contract. I will consider the legal fees as well, but the rest of the damages as of this point are dismissed already.

 

[TeddyTaps230]

I now request the defense @Dartanman makes their statement to take this case forward.

I also warn @gavin_anime not to post comments whilst the court is in progress as he has requested representation.

 

[Dartanman]

In that case, your honor. The Defendant pleads guilty to Breach of Contract, and understands he must pay back 5250 krunas. We also ask that you waive or lower the legal fees as by pleading guilty, we are significantly lowering the legal work required by the Plaintiff.

Thank you.

 

[TeddyTaps230]

As the defendant has entered a guilty plea, I shall move to a Judgment.

-- 1. The Defendant is to pay 5250kr as per the contract. I ask the DoJ Minister @Ryan_88 to see that this is done.
-- 2. The Defendant is to pay 250kr in Legal Fees as the case was cut considerably shorter due to the guilty plea being entered.

 

[TeddyTaps230]

The court is now adjourned.

Court Adjourned

This case was presided by Judge Teddytaps230