Recovery of a debt and contract penalty under the transport expedition contract in a simplified procedure.
Our client - a legal entity (the Plaintiff, Forwarder) and the Defendant signed a transport expedition agreement. In accordance with the contract terms, our client was obliged to provide a set of transportation services related to the organization of the transportation of the Defendant.
The Forwarder fulfilled the obligations under the contract, however, the Defendant had a debt to the Plaintiff for the amount of 1 312.53 Euros (the debt was confirmed by documents as well as the fact of cargo delivery).
In accordance with the terms of the contract, in case of the Defendant late payment of the Forwarder’s services, the Client pays the penalty for the amount of 0.1% of the unpaid amount for each day of delay (the penalty amount is 1,970.93 Euros).
The Defendant pointed out that as of the claim date the debt (in rubles at the rate of the Russian Federation Central Bank) had been paid in full.
The Defendant acknowledged the obligations performance delay under the contract but because at the time of the claim submission the debt had been paid in full the Defendant considered the amount of the penalty disproportionate to the consequences of the breach of obligations.
Lawyers from the legal bureau managed to get the unscrupulous debtor to pay the amount of the debt under the transport expedition agreement at the stage of the extrajudicial dispute resolution.
The claim was settled in part. Lawyers from the bureau collected in court the amount of penalties for the deadline violation of payment for the transportation services rendered as well as convinced the court to recover fines in full amount without any reduction under art. 333 of the Civil Code.
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