Publication date: 09.04.2025
My name is Rozhniv Yaroslav Yaroslavovych, I am a lawyer from Poltava. The key areas of law in which I provide assistance are civil, administrative, military law. Thanks to my experience, knowledge and individual approach, I will provide professional support at every stage.
Case Description: A commercial enterprise turned to a lawyer to protect its interests in a dispute regarding debt recovery under a supply contract. The counterparty failed to fulfill its obligation to pay for the delivered goods, causing significant financial losses to the enterprise.
The claim filed with the commercial court included a demand for the recovery of the principal debt, penalties, and 15% annual interest. The total claim amounted to UAH 937,615.20. The defendant attempted to avoid liability, disputing both the existence of the debt and the legality of the calculations.
Case Details:
- The company filed a lawsuit with the commercial court to recover the principal debt of UAH 899,794.50, penalties, and interest, with a total amount of UAH 937,615.20.
- The basis for the claim was a supply contract under which goods were delivered but not paid for.
- The defendant failed to fulfill their contractual obligations, received the goods, but did not transfer the funds within the agreed timeframe.
- The defendant attempted to avoid responsibility through objections but failed to provide sufficient evidence.
Objective:
- Prove the existence of the debt by confirming that the client fulfilled their obligations.
- Prepare clear financial documentation justifying the calculation of penalties and 15% annual interest.
- Protect the client’s interests in court.
- Achieve full satisfaction of the claim.
Execution Steps:
Case Analysis:
The lawyer carefully reviewed the terms of the supply contract, delivery and acceptance certificates, invoices, and other financial documents. It was established that the client fully performed their obligations, while the defendant evaded payment.
Claim Preparation:
A claim was prepared with a detailed justification of the debt amount, penalties, and accrued interest. All necessary documents confirming the delivery of goods and breach of payment terms were attached.
Court Representation:
During the case hearing, the lawyer consistently substantiated the claim. The defendant’s arguments, particularly regarding the unjustified amount of charges, were refuted. Emphasis was placed on the counterparty's repeated violations of the contract terms.
Decision and Outcome:
The commercial court fully satisfied the claim, recognizing all of the plaintiff's demands as justified. The court decision took into account both the properly documented breaches of the supply contract and the correctly calculated penalties for the delay in monetary obligations.
The court ordered the recovery of:
- The principal debt of UAH 668 637, arising from the breach of the supply contract;
- Court fee - 13,927.80 UAH, in accordance with the requirements of the current legislation;
15% per annum - UAH 27,753.02, accrued for the whole period of default.
The court decision came into legal force, allowing for the initiation of the enforcement procedure through the state enforcement service. As a result, the client gained a real mechanism for full debt recovery.
Moreover, due to the properly prepared evidence base and competent legal support provided by the lawyer, the case avoided delays, appeals, and reductions in the awarded amount. The court found the plaintiff's arguments convincing and the claims lawful and fair.
This case demonstrates how professional legal support enabled the business to defend its financial interests and achieve justice in a commercial dispute. Thanks to the coordinated efforts of the lawyer, the client fully restored their rights and received the due funds, confirming the effectiveness of working with an experienced representative in the field of contract law.
