The Commercial Court of Cherkasy Region satisfied the claim and recovered UAH 343 in debt from Cherkasy Chemical Fiber PJSC - for the supplied turbine oil and accrued penalties and losses from inflation.
The defendant did not deny the fact of delivery, but requested a 75% reduction in the penalty, citing the difficult financial situation of the enterprise. A reduction in the penalty is possible under Article 233 of the Civil Code, but the court assesses the compliance of the sanction with the consequences of the violation.
In their response to the motion, the lawyers of Vash Jurist showed that the amount of the penalty is appropriate to the creditor's actual damage from the delay, and the debtor's financial difficulties are not an automatic basis for reducing liability. The court agreed and rejected the motion.
The decision entered into legal force. The amount recovered included the principal debt, interest, and inflationary losses - the full range of compensation provided for by current legislation.