RosCo helped Enix collect debt from a counterparty

Case — Decision of the ASGM on case No. A40-298605/23-102-3425

RosCo lawyers represented Enix LLC in the court of first instance. Result: the client managed to collect more than 1.5 million rubles from the buyer under the supply agreement.

On September 5, 2023, Enix LLC (Supplier) and Vereshchaginsky Plant Remputmash JSC (Buyer) entered into a framework supply agreement. The supplier undertook to transfer components and spare parts for railway equipment to the defendant.

The cost of the goods under the agreement was 1,763,760, of which VAT was 293,960 rubles. The buyer is obliged to pay 100% of the cost of the goods to the supplier's bank account by payment order within two months from the date of delivery. The payment date is the date of debiting the funds from the buyer's account.

On September 20, 2023, the supplier sent the buyer goods worth 1,535,500 rubles excluding VAT based on the adjusted application from the buyer. The remaining terms of the specification did not change. The parties signed the universal transfer document (UTD) and the consignment note (CTN) on September 20, 2023. The goods were accepted from the seller by the buyer in full without claims for quality and (or) quantity. The buyer did not make payment under the supply agreement.

On October 27, the seller filed a pre-trial claim with the buyer demanding that the debt for the delivered goods be paid and a penalty be paid. The recipient of the letter responded to the claim on November 24, acknowledging only the debt for the goods, and proposed his own debt repayment schedule: two payments, the last one by January 30, 2024.

Eniks LLC, with the support of lawyers from RosCo, filed a claim in the Arbitration Court of Moscow against the Vereshchaginsky Plant Remputmash for the recovery of 1,535,500 rubles.

The court decided to satisfy the stated claims for the recovery of debt under the supply agreement, penalties and legal costs in favor of the applicant on April 25, 2024.

According to Articles 309-310 of the Civil Code (CC RF), obligations must be fulfilled properly. Unilateral refusal to fulfill them is prohibited. Based on Article 506 of the CC RF, the supplier is obliged to transfer the goods to the buyer. The buyer, in turn, undertakes to pay for the delivered goods under the terms of the supply agreement - Article 516 of the CC RF.

The court's verdict: to collect from the defendant 1 1 535 500 rubles and a penalty in accordance with the agreement in the amount of 0.01% for each day of delay. The amount of the penalty from October 26, 2023 to April 25, 2024 was 28,099 rubles. The defendant was also ordered to pay the state fee and legal costs.