August 16 Main results of the day

The Ninth Arbitration Court of Appeal upheld the decision of the court of first instance on the recovery of a fine in the amount of 49 million rubles in favor of the Principal of the Bureau of Lawyers “De jure” under the supply contract. Earlier, within the framework of this dispute, the court of first instance refused to satisfy the Principal’s claim, and also refused to satisfy the Defendant’s counterclaim on the original claim. But in the court of cassation instance, the lawyers of the Bureau managed to cancel the unlawful decision and return the case for a new trial. In the second round, the court of first instance decided to recover 49 million rubles from the Defendant, in fact, completely satisfying the requirements of the Principal, stated due to non-fulfillment of the terms of the supply contract, and the court of appeal confirmed the legitimacy of this decision. The interests of the Principal were represented by Yakov Bulut, lawyer of the Bureau.

The Moscow City Arbitration Court satisfied the claims of the Principal of the Bureau of Lawyers “De jure” and recovered losses in the amount of more than 3.2 million rubles from the Defendant. During the court dispute, the lawyers of the Bureau managed to prove that as a result of the Defendant’s long-term non-fulfillment of his obligations to pay rent, the Principal could not fulfill its own obligations under the loan agreement, which led to losses on his side. The calculation of damages was recognized by the court as arithmetically correct. The court also agreed with the position of the Bureau’s lawyers that the lease agreement provides for the possibility of recovering both a penalty (which was collected earlier) and losses. The interests of the Principal were represented by Marina Nikolaenko, head of practice at the Bureau of Lawyers “De jure”.