May 10 Main results of the day

The Moscow Arbitration Court satisfied the Principal’s claim for the recovery of a penalty under the contract for the supply of construction materials in full. At the same time, the court took into account the position of the Bureau of Lawyers “De jure” about the absence of legal grounds for applying the provisions of civil law on reducing the amount of the claimed penalty and the limitation period. The interests of the Principal were represented by Dan Khorolets, lawyer of the practice of resolving economic disputes of the Bureau of Lawyers “De jure”.

As a result of the pre-trial and judicial work with the debt carried out by the lawyers of the Bureau of Lawyers “De jure”, the Defendant voluntarily repaid a significant part of the amount of the Principal debt under the contract. Initially, the Defendant refused to satisfy the claim, but, having familiarized himself with the claim filed with the Moscow Arbitration Court, realizing the futility of the litigation and the risks of collecting a significant penalty, he voluntarily deposited the amount of debt in the amount of 440 million rubles to the Principal’s account. At the same time, the dispute continues, it is planned to recover the amount of the debt, including the amount of the penalty and fines for the delay in the execution of monetary claims. The interests of the Principal were represented by Rashid Gitinov, Head of the practice of the Bureau of Lawyers “De jure”, and Irina Novikova, senior lawyer of the Bureau.

The Gagarinsky District Court of Moscow, thanks to the active work of lawyers of the Bureau of Lawyers “De jure” approved a settlement agreement on favorable terms for the Principal. Initially, the procedural opponent demanded to recover from the Principal the debt and a significant amount of the penalty, amounting to almost 40% of the debt. Having discussed with the Principal and the procedural opponent the prospect of resolving the dispute, an agreement was reached on the installment payment of the debt and reducing the amount of the penalty by 6 times. As a result, the Principal managed to save money in the amount of 170 thousand rubles. The interests of the Principal were represented by Adzhiev Eldar, lawyer of the practice of resolving economic disputes of the Bureau of Lawyers “De jure”.