Situation
A company from Russia (my client) won a lawsuit against a Belarusian OJSC, because the defendant did not complete the work to put the machine into operation. One of the wordings of the decision of the Russian Arbitration Court was “to collect a penalty for the cost of work performed before the date of completion of the work.” Those. a specific amount is not determined, but only a calculation formula, which is unusual for the judicial system of Belarus. The JSC decided to liquidate before paying out the money. The debtor’s liquidator refused to include the penalty in the register of creditors’ claims.
Work process
Filed a claim in the economic court to force the liquidator to include a debt in the register in the amount of 15,000,000 Russian rubles;
Provided legal support to the negotiation process between the management of an LLC claiming to receive a penalty and the liquidator of the debtor.
Result
As a result of understanding each other and mutual concessions, the parties decided to enter into a settlement agreement to include a penalty of 10,000,000 Russian rubles in the register. The court approved this settlement agreement, and now, when funds arrive in the accounts of the liquidated company, they will be redirected, including to my client.
The court's decision