August 3 Main results of the day

The Moscow Arbitration Court has approved a settlement agreement on the Principal’s claim, prepared by lawyers of the Bureau of Lawyers “De jure”, for the recovery of debt and interest under the contract. The legal position of the lawyers of the Bureau was reduced to proving the existence of unconditional grounds for recovering from the Defendant the amount of the Principal debt and accrued interest and the inexpediency for the Defendant to delay payment of the debt. Based on the results of the negotiations, the amicable agreement was signed on the terms of the Principal of the Bureau, the Defendant paid the entire amount of the debt and all accrued interest (more than 22 million rubles), and the actually executed settlement agreement was approved at the main court session. The interests of the Principal were represented by Nikita Filippov, Head of the Bureau of Lawyers “De jure”, Rashid Gitinov, Head of the practice of resolving disputes with state bodies, and Irina Novikova, a trainee lawyer.

The Moscow Arbitration Court satisfied the Principal’s claim, prepared by lawyers of the Bureau of Lawyers “De jure”, in the amount of 19.5 million rubles, more than 7 million of which is a penalty. Objecting to the claim, the Defendant referred to shortcomings in the work and the fact that he had not signed the KS-3 act. Such arguments were used by the Defendant in a counterclaim against the Principal, but with the accrual of a penalty of more than 3 million rubles. However, the court agreed with the arguments of the Bureau’s lawyers not only about the unreasonableness of the counterclaim, but also with the fact that the true purpose of filing a counterclaim was the Defendant’s desire to partially offset the illegal penalty against the Principal’s claim on the original claim, which only indicates abuse of the right. The interests of the Principal were represented by Nikita Filippov, Head of the Bureau of Lawyers “De jure”, and Rashid Gitinov, Head of the Dispute Resolution practice with state bodies.