KS ZA - 22Cbm/6/2004sk en

Regional Court in Zilina

8 January 2007 [22 Cbm/6/2004]

JUDGMENT

IN THE NAME OF THE SLOVAK REPUBLIC
[slovenske znenie]

The Regional Court in Zilina, deciding by a single judge, JUDr. Erika Canadyova, in the case of Plaintiff L.,L.I.B., d.d. [Seller], with its registered office in L., B. ___, Republic of Serbia, represented by attorney JUDr. M. P. versus Defendant C.-M., s.r.o. [Buyer], with its registered office in K., ___, M. [Slovak Republic] …, regarding payment of 95,191.57 Euro [EUR] and appurtenances

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

The [Buyer] is obliged to pay to the [Seller] a sum in amount of 95,191.57 EUR and reimbursement of costs of the proceedings in amount of 291,005.35 Slovak koruna [Sk] within three days after the judgment comes into force.

REASONING

The [Seller] claimed in the proceedings by its action filed with the court on 3 May 2004 its right to payment of 95,191.57 EUR and to the reimbursement of costs of the proceedings. The [Seller] stated in its action that it had been doing business with the [Buyer] since 1997. In the course of their mutual transactions the [Buyer] repeatedly got into default with payment of the purchase price for goods delivered by the [Seller]. The parties to the proceedings therefore concluded on 13 September 2002 an Agreement on Settlement of Obligations, under which the [Buyer] undertook to pay to the [Seller] the sum of 75,780.55 EUR in installments of 5,000.- EUR payable on the 30th day of each calendar month and recognized the interest for the entire period of default under Contract No. 401/2002 and to pay all its current obligations in accordance with their due dates. The parties to the proceedings continued to do business after concluding this agreement and the [Seller] repeatedly delivered goods to the [Buyer]. The [Buyer] nevertheless did not pay the purchase price for the goods delivered on time and by 5 May 2004, the entire debt consisting of the unpaid purchase price and the interest on it amounted to 95,191.57 EUR.

The [Seller] claimed the principal in amount of 73,917.35 EUR and referred to:

-         Invoice no. 121005553 of 9 December 2002;

-         Invoice no. 121005548 of 9 December 2002

-         Invoice no. 131000855 of 13 November 2002;

-         Invoice no. 121006138 of 14 February 2003;

-         Invoice no. 121006314 of 7 March 2003;

-         Invoice no. 121006601 of 28 March 2003;

-         Invoice no. 121006600 of 28 March 2003;

-         Invoice no. 121006975 of 28 April 2003;

-         Invoice no. 121007536 of 20 June 2003; and

-         Invoice no. 121007537 of 20 June 2003.

The [Seller] claimed in the proceedings with reference to the abovementioned invoices its right to payment of the total sum of 73,917.35 EUR as the purchase price for the goods delivered which were specified in the invoices with respect to their amount, quality and price.

With respect to the residual part of the claim amounting to 21,274.22 EUR, the [Seller] claimed this sum as interest emerging from default in payment of the purchase price for the goods delivered. The [Seller] specified its right to interest with respect to unpaid invoice no. 520194-2 of 20 December 2002, invoice no. 520223-2 of 31 December 2002, invoice no. 12121-10331-90757 of 17 December 2003 and invoice no. 13121-10311-90757 of 17 December 2003, amounting to a total sum of 21,274.22 EUR.

Legal counsel of the [Buyer] recognized the debt corresponding to the asserted claim at the hearing held on 8 January 2007 with respect to its amount and grounds and did not oppose the asserted claim or the evidence submitted in the proceedings.

The Court gathered evidence by interrogation of the parties to the proceedings and by reading the submitted documents and thereby determined the following factual situation.

The Court found to be determined that the [Seller] and the [Buyer] were doing business together since 1997 with the [Seller] supplying the [Buyer] with goods. It was proved that the [Buyer] was repeatedly in default with payment of the purchase price for goods delivered and the parties to the proceedings therefore concluded an Agreement on Settlement of Obligations on 13 September 1997 which constituted a recognition of obligation and agreement of payment in installments whereby the [Buyer] undertook to pay the total debt of 75,780.55 EUR by payment of an installment of 5,000.- EUR each month and also recognized the [Seller]’s right to payment of interest for the entire period of default in payment of each purchase price. The court determined from the examined evidence that the [Seller] claimed its right to payment of the total sum of 73,917.35 EUR as the purchase price for the goods delivered which consisted of the following unpaid invoices:

-         Invoice no. 121005553 for the sum of 10,149.51 EUR;

-         Invoice no. 121005548 for the sum of 3,935.78 EUR;

-         Invoice no. 131000855 for the sum of 247.80 EUR;

-         Invoice no. 121006138 for the sum of 9,778.35 EUR;

-         Invoice no. 121006314 for the sum of 6,167.38 EUR;

-         Invoice no. 121006601 for the sum of 5,560.82 EUR;

-         Invoice no. 121006600 for the sum of 20,594.52 EUR;

-         Invoice no. 121006975 for the sum of 7,530.63 EUR;

-         Invoice no. 121007536 for the sum of 8,795.34 EUR; and

-         Invoice no. 121007537 for the sum of 1,157.22 EUR.

It was proved in the proceedings that the [Seller] claimed in the proceedings the right to payment of interest in total sum of 21,274.22 EUR billed by:

-         Invoice no. 000520194 for the sum of 15,614.13 EUR;

-         Invoice no. 000520223 for the sum of 1,203.07 EUR;

-         Invoice no. 12121-10311-90757 for the sum of 4,418.54 EUR; and

-         Invoice no. 13121-10311-90757 for the sum of 38.48 EUR.

Under sec. 153a part 1 of the Slovak Civil Procedure Code (hereinafter referred to as “CPC”), if the defendant recognizes before the Court the claim asserted by action or recognizes its grounds or if the plaintiff abdicates its claim, the Court will decide the case by a judgment on recognition of or abdication.

Since the [Buyer] recognized the claim of the [Seller] with respect to its amount and grounds, the Court upheld the claim consisting of the principal amounting to 73,917.35 EUR as an unpaid purchase price for the goods delivered under article 53 of the UN Convention on Contracts for the International Sale of Goods which prescribes that the buyer must pay the price for the goods and take delivery of them as required by the contract and this Convention.

With respect to the residual part of the claim amounting to 21,274.22 EUR, the Court upheld this claim corresponding to the interest on default with payment of purchase price for the goods delivered, asserted by:

-         Invoice no. 000520194 for the sum of 15,614.13 EUR;

-         Invoice no.000520223 for the sum of 1,203.07 EUR;

-         Invoice no.12121-10311-90757 for the sum of 4,418.54 EUR; and

-         Invoice no.13121-10311-90757 for the sum of 38.48 EUR.

The Court upheld this claim with reference to article 78 of the UN Convention on contracts for the international sale of goods which prescribes that 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.

The Court points out that the [Buyer] did not oppose the claimed amount of interest – 10 % annually. Therefore, the court granted to the [Seller] the right to payment of the principal amounting to 73,917.35 EUR corresponding to the unpaid purchase price and payment of interest on the delayed payment amounting to 21,274.22 EUR.

 
With reference to the evidence gathered, the court investigated that the parties to the proceedings concluded Contract No. 401/02 for sale of goods of the [Seller] whereby the [Seller] undertook to deliver in the year 2002 the goods, specified in the contract as doors, doorframes, entrance doors, furniture, and the parties also agreed that in case of default in the payment of the purchase price, the [Seller] is entitled to interest of 10 % annually. The contract of sale was concluded on 13 September 2002.

The claimed interest was granted with respect to the agreement on interest made in Contract of Sale No. 401/2002 from 13 September 2002.

As the [Seller] was successful in asserting its claim, it is entitled to reimbursement of costs of the proceedings consisting of the paid court fee amounting to 193,035.- Sk and costs of legal aid amounting to 291,005.35 Sk.

Instruction: An appeal against this judgment is not admissible.

Regional Court in Zilina, 8 January 2007

JUDr. Erika Canadyova
Judge