Limited Liability Company "Commerce
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Limited Liability Company “Trade and Industrial Company“ Forera ”appealed to the Arbitration Court of the Moscow Region with a claim to the Open Joint-Stock Company“ Khabarovsk Meat Processing Plant ”for the recovery of 315,000,000 rubles of a penalty for late payment of goods and 424,000,000 rubles for using foreign funds .
By a decision of the court, a penalty is claimed in the amount claimed. The rest of the claim is denied.
The protest is proposed to change the judicial acts: to deny the claim in full. In accordance with the contract dated 29.06.95 2906-01 / 95 and supplementary agreements to it, TPK Forera LLP supplied Zoovetsnab Pork half carcass to the joint stock company. In turn, on the basis of the contract dated July 01, 95, Khabarovskiy meat processing plant ".
OJSC Zoovetsnab paid for the goods in violation of the deadline set by the contract.
After repayment of the principal debt (in March 1996), OJSC Zoovetsnab under the debt transfer agreement of July 17, 1996 transferred to JSC Khabarovsk Meat Processing Plant the obligation to pay the supplier a penalty for late payment of the meat provided by the contract of June 29, 1995 2906-01 / 95, and interest for the use of other people's money. This circumstance served as the basis for a suit against the new debtor, which was satisfied by the court with regard to the recovery of the contractual penalty.
The debt transfer transaction was recognized by the court as complying with the law.
Based on the meaning of Article 391 of the Civil Code of the Russian Federation, the debt is transferred to the new debtor in full, including the penalty that ensures its execution, as well as unpaid interest. At the same time, this norm does not allow the possibility of transferring the debt to another person only to an accessory obligation and interest, without transferring the main debt, as was the case in this case.
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By a decision of the court, a penalty is claimed in the amount claimed. The rest of the claim is denied.
The protest is proposed to change the judicial acts: to deny the claim in full. In accordance with the contract dated 29.06.95 2906-01 / 95 and supplementary agreements to it, TPK Forera LLP supplied Zoovetsnab Pork half carcass to the joint stock company. In turn, on the basis of the contract dated July 01, 95, Khabarovskiy meat processing plant ".
OJSC Zoovetsnab paid for the goods in violation of the deadline set by the contract.
After repayment of the principal debt (in March 1996), OJSC Zoovetsnab under the debt transfer agreement of July 17, 1996 transferred to JSC Khabarovsk Meat Processing Plant the obligation to pay the supplier a penalty for late payment of the meat provided by the contract of June 29, 1995 2906-01 / 95, and interest for the use of other people's money. This circumstance served as the basis for a suit against the new debtor, which was satisfied by the court with regard to the recovery of the contractual penalty.
The debt transfer transaction was recognized by the court as complying with the law.
Based on the meaning of Article 391 of the Civil Code of the Russian Federation, the debt is transferred to the new debtor in full, including the penalty that ensures its execution, as well as unpaid interest. At the same time, this norm does not allow the possibility of transferring the debt to another person only to an accessory obligation and interest, without transferring the main debt, as was the case in this case.
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