The Arbitrazh Court of Chelyabinsk region fully satisfied the claim of our client – a large Korean company manufacturing equipment for the petrochemical industry, against a Russian defendant for the recovery of outstanding payment for the supplied goods of 150,490 US dollars, penalty for late payment of 15,049 US dollars, and costs for state duty payment of 87,377 RUR
A large Korean company manufacturing equipment for the petrochemical industry sought professional legal advice at Jus Privatum law firm.
We prepared and filed to the court the client's claim for the recovery of outstanding debt for the supplied goods, as well as calculated the amount of penalty pursuant to the supply agreement between the parties. Due to the fact that the terms of goods delivery were specified in the agreement as FOB INCOTERMS 2010, Busan, Korea, the client had just electronic copies of bills of lading (without signatures of the authorized persons) as the evidence of performance of its obligations to supply goods under the agreement. In this regard, Jus Privatum lawyers decided to contact with the owner of the container where goods were shipped at the sea port, who was responsible for the cargo delivery to Russia, and although the delivery was carried out back in 2013, we managed to receive from the container’s owner all necessary documentation in evidence of the goods' shipment, their delivery to the port of Vostochny (Russia), customs clearance of cargo and rail loading of goods to the Russian Railways wagons for delivery to the final recipient. In addition, Jus Privatum lawyers presented to the court the bank documents confirming the partial payment for the goods by the buyer being the Russian company, e-mail correspondence between the parties, some electronic documents, such as passports for each item supplied by the client pursuant to the terms and conditions of the agreement, were also entered into the case file.
The Arbitrazh Court examined supporting documents presented by our lawyers and concluded that our client’s claim was reasonable and proved. As a result, the court made a decision that satisfied our client's claim in full.