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Recovery of debt and penalty under the supply contract

18.01.2022
Legal services

Plot of the case: 

The client has concluded a supply contract under which goods were delivered to the buyer. The buyer accepted the goods, signed the waybills, but the goods have not paid in full. The client turned to the Dvitex law firm LLC with a request to collect the debt and penalty.

Decision: The lawyers of Dvitex prepared the necessary documents, filed a claim to the court of arbitration, represented the client in court hearings. The buyer objected to the penalty claim, arguing that it was disproportionate. The Dvitex’s lawyers pointed out to the court that the amount of the penalty had been agreed in the contractual terms and the Buyer had failed to provide evidence of its obvious disproportion. The outcome of the proceedings was a favorable award of the arbitration court for recovery of the debt and the penalty in full. The buyer's appeal was rejected. The amount of the debt and the penalty had in fact been recovered in full from the debtor's current account.

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