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Judical practices and cases

15 February 2017

Protection of the claimant in the Court of Appeal

Результат:

The appeal dismissed, the decision of the court of first instance left unchanged.

Point of argument

Recovery of the penalty and compensation for non-pecuniary damage from the property developer under a construction contract.

Plaintiff’s case

The individual filed an appeal against the decision of the court of first instance demanding to recover the penalty and compensation for moral damage and to cancel the decision of the court of first instance. The Plaintiff in its claims indicated that a contractor agreement was signed between him and the developer on September 23, 2014 and subsequent addenda on the building equipping and furnishing until June 2015. The Plaintiff believed that the Defendant violated the deadlines for the execution of work. Thus he asked to recover from the Defendant a penalty in the amount of 12 347 704 rubles  72 kopecks, an unjust enrichment in the amount of  90,927 rubles 48 kopecks, interest on the amount of enrichment 2 003 rubles 34 kopecks, the cost of the state duties  56 792 rubles 36 kopecks and compensation for moral harm 100 000 rubles.

The court of first instance recovered in favor of the plaintiff: a penalty in the amount of 800,000 rubles, a fine of 402,500 rubles, the cost of state duties 11,200 rubles, compensation for non-pecuniary damage 5,000 rubles.

Defence

Our client (the construction company) denied the claim and defended the appeal.

Problem solution stages

  • preparation and putting together the required package of documents;
  • preparation and filing of the defense to the appeal;
  • representation during the trial.

Court judgement

After hearing the cases of the parties and examining the materials of the case, the court upheld the decision of the court of first instance. Our client secured the dismissal of appeal.

 

 

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