CISG
SLOVAKIA

OS BR - 7Cb/211/2007en

JUDGMENT

IN THE NAME OF THE SLOVAK REPUBLIC

[slovenske znenie]

 

The District Court of Brezno, deciding by a single judge, JUDr. Alica Gavalcova, in the case of Plaintiff L. V. L. S. M., k.s., [Seller], with its registered office in V., Czech Republic, ..., versus Defendant R.Z., s.r.o. [Buyer], with its registered office in Z. N. H., [Slovak Republic] ___, , regarding payment of 181,631.- Czech koruna [Kc] with appurtenances

 

h a s   d e c i d e d   a s   f o l l o w s:

 

[Buyer] is obliged to pay [Seller] 181,631.- Kc and interest of 2 % annually:

- on the sum of 17,717.- Kc for the period of 21 December 2003 until payment

- on the sum of 45,906.- Kc for the period of 29 December 2003 until payment

- on the sum of 44,044.- Kc for the period of 3 January 2004 until payment

- on the sum of 5,344.- Kc for the period of 9 February 2004 until payment

and interest of 2,5 % annually:

- on the sum of 44,044.- Kc for the period of 3 January 2004 until payment

and 13,752.- Slovak koruna [Sk] as reimbursement for court charges, all within three days after the judgment comes into force.

 

REASONING

 [Seller] claimed, by its action filed with the court on 10 December 2007, its right to payment of 181,631.- Kc with appurtenances as the purchase price for goods [Buyer] ordered by his purchase order of 18 November 2003 and delivered to [Buyer] as evidenced by the certificate of delivery no. 015312 of 20 November 2003 and international bill of lading no. CZ T 6366529 of the same date and asserted by invoice no.2003108395 of the same date for the sum of 34,150.- Kc due on 20 December 2003.

 


Upon the purchase order of the [Buyer] of 25 November 2003, [Seller] delivered the goods as specified in the certificate of dispatch no. 007286 from 9 January 2004 and in international bull of lading no. CZ T 6383456 from 9 January which was confirmed by the Customs Office in S. and claimed purchase price for the goods by invoice no. 2004100039 of 9 January 2004 due on 8 February 2004 for the sum of 45,344.- Kc.

 

Subsequently [Seller] delivered the goods [Buyer] ordered by his purchase order of 25 November 2003 to [Buyer] as evidenced by the certificate of dispatch no. 007285 of 27 November 2003, certificate of delivery no. 015523 of 28 November 2003 and international bill of lading no. CZ T 6383453 of the same date and asserted by invoice no.2003108460 of the same date for the sum of 45,906.- Kc due on 28 December 2003.

 

Subsequently, [Seller] delivered the goods [Buyer] ordered by his purchase order of 25 November 2003 to [Buyer] as evidenced by the certificate of dispatch no. 007288 of 27 November 2003, and international bill of lading no. CZ T 6627019 of 3 December 2003 and asserted by invoice no.2003108806 of the same date for the sum of 44,044.- Kc due on 2 January 2004.

 

Subsequently, [Seller] delivered the goods [Buyer] ordered by his purchase order of 25 November 2003 to [Buyer] as evidenced by the certificate of dispatch no. 007286 of 9 January 2004, and international bill of lading no. CZ T 6383456 of 9 January 2004 and asserted by invoice no.2004100039 of the same date for the sum of 45,344.- Kc due on 8 February 2004.

 

Subsequently, [Seller] delivered the goods [Buyer] ordered by his purchase order no. 2004161879-1 to [Buyer] as evidenced by the certificate of delivery no. 004636 of 9 July 2004 and international bill of lading no. CZ T 7204365 of 9 June 2004 and asserted by invoice no.2004104672 of 23 July for the sum of 28,620.- Kc due at the same date.

 

The parties have mutually set off their claims on 30 September 2005 and owed sum from the invoice no. 2003108395 of 20 November 2003 for the sum of 34,150.- Kc was decreased to 17,717.- Kc.

 

[Seller] asserted in the abovementioned manner, its right to payment of the outstanding balance of 181,631.- Kc.

 

[Seller] also asked the court to bind [Seller] to payment of the default interest under Regulation of Government of the Czech Republic no. 142/94 Coll., which prescribes the interest rate and interest charge arising under the Civil Code.

 

[Seller] therefore claimed payment of interest of 2 % and 2.5 % annually on the sums in arrears and specified the period of default with respect to each sum.

 

The Court served [Buyer] with the action but was not able to deliver it.

 

The Court ordered a hearing and summoned the parties. [Seller]’s legal representative excused its absence and [Buyer] did not attend the hearing. The Court therefore tried the case at the hearing held on 24 June 2008 in absence of the parties under sec. 101 part 2 of the Civil Procedure Code.


The court gathered evidence by reading the submitted documents and determined that [Seller] delivered the goods to [Buyer] by means of international road carriage to [Buyer]’s registered office in Z.N.H..

 

The court found that the [Seller]’s claim is entirely justified. Under Part 3, Chapter III, article 53 of the Convention, the buyer must pay the price for the goods and take delivery of them as required by the contract and this Convention.

 

The court determined that [Buyer] failed to pay the purchase price for the goods, which were actually delivered and handed over to [Buyer].

 

Under Part 3, Chapter IV, article 74 of the Convention, if a party fails to pay the price or any other sum that is in arrears, the other party is entitled to interest on it, without prejudice to any claim for damages recoverable under article 74.

 

Since [Buyer] defaulted with payment of its pecuniary obligations, the court bound it to pay the default interest, as claimed by [Seller].

 

The court ruled on the reimbursement of costs of the proceedings with reference to sec. 142 part 1 CPC and granted [Seller] full reimbursement of the court fee for the action, as it was successful in its entire claim.

 

Instruction: An appeal against this judgment must be filed via this court within fifteen days from its receipt.


District Court Brezno, 24 June 2008.

JUDr. Alica Gavalcova, Judge

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