Recovery for services rendered under the contract. Statement of claim for the recovery of debt under a service agreement. Features of claiming a debt through the court

The recovery of funds under a previously concluded service agreement is a legal measure that makes it possible (often the only one) in the legal field to achieve a return of money for the services provided, indicated in the transaction. hallmark This type of such an agreement is that the client does not buy the result, but a certain action.

In this regard, the customer assumes the obligation to pay for the services received by the contractor upon their completion. Current legislature Russian Federation regulates the procedure and methods for collecting penalties under the concluded service agreement, which makes it possible for the contractor to return the funds.

It is not uncommon for cases when there are problems with the return of funds for the services provided. This procedure is complex and requires a professional approach - nothing can be done without the involvement of a group of highly qualified specialists. This is due to the need to have deep specialized knowledge and experience (theoretical and practical) in this area.

What should be done when returning a debt under a service agreement

There are a number of documents, the presence of which will really contribute to the collection of funds by the customer. Among such materials, the following documents should be noted:

• the contract for the provision of services and its annexes are a key argument in favor of the contractor (in the absence of a written agreement, it is also possible to win the court);
• financial receipt (invoice) for payment for the services provided (the ability to accurately determine the amount of funds that can be recovered from the customer);
• the act of delivery and acceptance of the services rendered and the act of reconciliation of mutual settlements - the fact of cooperation between the contractor and the customer, confirmed by a number of important documents;

There are also a number of other equally important and legally effective documents (confirming the fact of the provision of services - electronic correspondence, photo report, etc.), which together will become an essential moment in making a positive decision by the court.

The first and most important thing that needs to be done to start a trial is the preparation of a claim, which makes it possible to minimize the time and red tape for collecting funds unpaid to the contractor. The formation of such a document does not have outlined rules and standards, however, the following information must be indicated here:

• written contract or actual action;
• non-compliance with obligations under the contract for payment for the received service;
• requirements for obtaining financial resources for the work performed;
• the fact of the customer's refusal to voluntarily repay the debt.

What affects the result when repaying debt under a service agreement

Having an appropriate contract is one of the most key points, making it possible to talk about the high probability of collecting financial debt from the customer. This is due to the fact that the following information is indicated in the document:

• the subject of the contract is the service provided by the contractor (what exactly was performed for the customer);
• payment - the amount, the agreed terms of payment, as well as the form and procedure for payment;
• the term of the transaction - the date of its signing and the end of its legal force, intermediate dates;
• the responsibility of the parties in case of non-compliance with the provisions prescribed in the contract;
• conditions under which the transaction can be terminated (failure to fulfill any obligations assumed by one of the parties).

The clause of the conditions regarding payment has a number of such features

Payment period. If the document does not contain information on how and when payment will be made, then the contractor has the right to demand the return of funds from the customer at any time. The customer is obliged to repay the debt within 7 days from the date of the request.

Inability to perform services through no fault of the contractor. In this case, the customer is obliged to pay at the prices that are set for similar work. Problems arose through the fault of the customer - the entire amount agreed in the contract must be paid.

After the injured party receives a negative response to the request for the voluntary fulfillment of financial obligations, it is possible to exercise their legal right to file an appropriate claim with the court - the arbitration court. Absence written contract does not become a reason for refusing such a decision.

Peculiarities of collection of funds if a written contract for the provision of services has not been drawn up

For services rendered without an appropriate contract is a more difficult undertaking, since the current regulatory legal acts establish some consequences of the absence of a written contract. However, the likelihood of winning this case in court is still present.

First of all, it is necessary to prove that the provision of services was actual. For this it is used:

• Acceptance certificates. All feasible activities that should have been paid are supported by a signature on paper (act).
• Photos and/or videos. If, in the process of providing services, the performer filmed or photographed his actions, then the judicial authority will accept this information as evidence. It should also be noted that the provision of such information must be carried out carefully - when fixing prohibited objects or objects, the responsible judicial authority will not take this evidence into account.
• Expert opinions. If the result of the work performed is confirmed by an examination, then this, of course, will become direct evidence of the fact of the work performed and their cost.

At the same time, it should be noted that the collection of funds without concluding a written agreement is an individual process, which takes into account certain circumstances. That is why it is quite difficult to assess the chances of obtaining a positive result in this case. Therefore, a detailed, scrupulous and integrated approach to solving this problem is required here. Only professional lawyers know the specifics of the procedure for claiming funds for services received.

The main stages of the activities of the employees of the legal company "Liquidator" in the collection of debt under a service agreement

Consultation. On the this stage familiarization, detailing and clarification of the current circumstances at the current time is carried out. This makes it possible to assess the situation as accurately as possible and find out the preliminary chances of winning.

Study of available documents and additional information. The analysis of materials helps to develop and build the most effective strategy for conducting further actions to obtain the most positive result.

Drawing up a statement of claim and sending it to the judicial structure, which will consider it. Formation of a high-quality claim, most accurately clarifying the essence of the problem that has arisen for a more complete understanding of it by the representatives of the court.

Representing the interests of the plaintiff in the profile government agency . Conducting the case during the entire judicial process, the purpose of which is to achieve the set goals and objectives.

How our approach differs from others. Before representing the interests of the client in the courtroom, we do a thorough job of preparing for the proceedings in the court. This process involves the study of existing documents, facts and evidence, the situation is studied in detail. Based on the information received, specialists develop a winning strategy of action - debt collection becomes a matter of time.

Obtaining a positive result is impossible without a professional and competently elaborated performance of a lawyer in court. Also, an important factor is the defense counsel's eloquence, which will make it possible to convey the plaintiff's position to the representatives of the court as accurately as possible. Our specialists have not only a deep knowledge of legal norms, but also the ability to correctly express their thoughts.

Control over the actions of bailiffs. After the completion of the trial, the court decision should be brought to its logical conclusion - the actual return of the debt under the service agreement. Thanks to this, the plaintiff receives funds from the defendant much faster.

Why do they turn to the company "Liquidator" for the return of debts under service agreements

A staff of qualified professionals who specialize in this particular area. Highly specialized lawyers are thoroughly aware of the details and nuances of the legislation. This contributes to a multiple increase in the chances of achieving the desired result.

Affordable prices for the entire range of services offered. The process of forming the cost of services is transparent - each item of financial costs is specified in the contract, which allows the client to clearly understand what he pays. In the legal services market, not many companies follow this principle of work - the client saves a significant amount of financial resources.

Getting results in the shortest possible time. We have all the necessary tools, as well as a staff of certified specialists, which together makes it possible to carry out the required procedures as quickly as possible. - a clearly drawn up plan of action, the availability of an evidence base, etc.

We have been working in the legal services market for quite a long time, during which we were able to create a close-knit team consisting exclusively of professionals in their field. Significant theoretical and practical experience has also been accumulated in the field of collecting financial debts under a service agreement. Thanks to this, we offer high-quality and effective legal services in practice.

All changes in legislative framework is clearly and scrupulously studied, thanks to which we are aware of all the innovations - one of the guarantees for achieving our goals. For a detailed consultation, please contact us using any method convenient for you. Our experts will give competent and comprehensive answers - consultation will help determine what actions and how to take in the future. The assessment of the possibility of winning a lawsuit will be determined as accurately as possible in each case (subject to certain individual circumstances).

Working with the consumer requires maximum composure.

In order to minimize the risks in case of unforeseen development of events, contractual documents are drawn up.

Service agreement, is the main one, on its basis, under appropriate circumstances, agreements on its termination can be drawn up (read more about termination of a contract of sale, loan or lease, with a bank, for hire or for the provision of services).

They are drawn up in the form that is accepted in the supplier's organization, there are no special requirements for it.

But it should have the status of a contract, as well as clearly spelled out, drawn up according to the rules for drafting documents and legally correct clauses on the services provided and conditions. supply of services.

preliminary pre-trial actions

When filing a claim, conditions must be met pre-trial preparation.

These include all actions aimed at resolving the conflict peacefully.

In particular, the consumer needs:

1. Do a warning about its intention to terminate the contract with the service provider.
2. get from him answer or wait 30 days from the date the warning (notice) was sent.
3. To attempt terminate agreement by mutual agreement of the parties.

The warning takes the form of a written notice in which the consumer indicates the reasons for dissatisfaction with the actions of the service provider or the inadequate quality of the services provided.

The text of the notice should be written in the correct form, have a systematic structure that does not allow the interpretation of claims.

The notification is made in two copies.

It can be taken personally to the service provider company.

It is necessary to transfer against signature (you can put a mark on receipt on the second copy) and check that it is registered in the journal of incoming correspondence.

The most convenient option is to send it by mail. by registered mail with an attached description and receipt notification.

Pre-trial actions may be terminated if the service provider corrects the situation on conditions convenient for the consumer or agrees to terminate the contract by mutual agreement of the parties.

The procedure for terminating the contract for the provision of services is determined by the legislative standards applicable to all procedures for termination of contracts.

When is court intervention required?

It is required in all cases when the consumer has not received the opportunity to terminate the contract on conditions convenient for him, provided for in the contract for the supply of services (in the clause on termination of the contract).

Document proof

Documents required for the proceedings in court may be the following:

1. Treaty provision of services.
2. Notification on termination of the contract (and all available documents of the pre-trial procedure).
3. Confirmation on receipt by the defendant of notice of termination of the contract.
4. Receipt on the payment of state duty.
5. References, the conclusions of an independent expert commission and other documents that are the evidence base on the fact of the claim.

The application may be handwritten or typed.

In addition to the requirements listed above, there are no special rules for drawing up a claim.

The main thing is that all the wording should be clear and legally literate.

The timing of the decision by the court may vary, it will depend on the level of complexity of the judicial procedure.

The court session may be adjourned in connection with the new data received in the proceedings by the defendant.

After the decision of the court, it will enter into force 10 days after registration with the court office.

During this period you can file an appeal if the plaintiff is not satisfied with the decision.

This requires new, more reasoned and solid evidence.

When the court decision not disputed, after 10 days, all obligations in relation to the consumer to the supplier terminate.

Representation by proxy

may be carried out by a trusted person ( representative).

To do this, a private person needs to apply to a law firm and conclude a contract for representation in court.

Representation will also be eligible when a private person, privately, requests to represent interests in court, to a third party.

In this case, you need to draw up a notarized power of attorney.

If the consumer is entity and the head of the enterprise acts as a plaintiff, then his interests in court can be represented by a lawyer of the enterprise.

In this case, the power of attorney is drawn up on the spot and endorsed by the head of the enterprise, after which the signature of the head is certified by an employee (head) of the personnel department.

Regardless of the presence of a trustee, the plaintiff (nominally in the proceedings) will be the entity that concluded the contract for the provision of services to him.

And the representative will act formally, as part of the provision of legal assistance, but not initiating a claim in person.

The difference between paid and unpaid work

Statement of claim under the contract for paid and gratuitous provision of services is based on their differences.

The difference between paid and gratuitous provision of services is that in the case of gratuitous provision of services, the transaction is one-way.

Free provision services does not require any response from the consumer, since it is carried out on the basis of the principle of donation.

But altruism is not always rewarded with gratitude, especially when material damage was inflicted in the process of providing a gratuitous service.

Consider example: a major supplier, sponsor of the medical academy, supplied used medical equipment with installation made by him.

But as a result of its use, the wiring caught fire.

The premises as a whole, as well as furniture and energy supply, was damage done.

The rector's office provided the necessary evidence base on the compensation for damages and filed a lawsuit in court.

The documents were accompanied by an act of transfer of equipment from one of the hospitals, signed by the chief physician.

During judicial trial the defendant proved that the equipment was suitable and the installation work was carried out in a proper manner, providing, for its part, supporting documents.

The court saw the problem in violation of the rules for the use of equipment and dismissed the claim.

This case became known to the general public, which influenced the flow of sponsorship to the university.

That is, in the free provision of services, a certain role is played by the moral aspect.

Moreover, in order to similar claim was satisfied, impeccable evidence of the rightness of the consumer is needed.

In the event that a neighbor who repairs the refrigerator for free has made it even more unusable, his liability for material damage will most likely not be recognized.

If the services were provided without a contract?

Claim for services without an agreement: services rendered without a contract must have legal support, which will become the fact of confirming the authenticity of the service provided.

For example, if an item is purchased in a store, the service rendered is confirmed by the presence of a cash or sales receipt.

If the thing was sewn in the studio - having a receipt etc.

In the event that the service was rendered improperly or not rendered, the consumer has the right to compensate for the damage.

In this case, he needs to act in accordance with the algorithm that was determined for the services provided under the contract (except for the procedure for terminating the contract), that is:

1. notify service provider about its inadequate quality or otherwise.
2. Offer to pay damages.
3. Introduce an expert opinion on the low quality of the goods or evidence of non-receipt of it (read about drawing up a claim for a product).
4. If the claim was denied - submit to court.

After a positive conclusion of the court, the claim will be satisfied in accordance with the court decision.

In conclusion, it should be noted that judicial proceedings provide for clear step-by-step actions for initiating a civil case and its legal proceedings.

The evidence base should be based on the supporting documents discussed above.

Emotions- bad advisers in solving such cases.

Evidence must be constructed and presented in accordance with a clear and legitimate argument.

Termination of the service contract must be carried out in accordance with a special provision providing for the possibility of terminating it.

Here should be provided possible options under which the contract may be terminated.

In accordance with this paragraph, termination will take place in a simple form accessible to the parties.

In the event of a misunderstanding of the interests of the parties, the conditions for terminating the service agreement are determined in court.

At _________________________ Plaintiff: _____________________________ RESPONDENT: _____________________________ Price of claim: _________________________ rub. State duty: _________________________ rub. Statement of claim for the recovery of debt under a contract for the provision of services for a fee _________________________ between the plaintiff _________________________ and the defendant _________________________ concluded a contract for the provision of services for compensation. Plaintiff _________________________, being the executor under the contract, assumed obligations, namely _____________________________. The defendant _________________________ as the customer undertook to pay for the services rendered. In accordance with clause _________________________ of the agreement, settlements between the parties are made in the following order: _________________________. According to Article 779 of the Civil Code of the Russian Federation, under a contract for the provision of services for a fee, the contractor undertakes, on the instructions of the customer, to provide services (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services. On the basis of Article 781 of the Civil Code of the Russian Federation, the customer is obliged to pay for the services rendered to him on time and in the manner specified in the contract for the provision of services for compensation. Claimant _________________________ fulfilled its obligations under the contract in full, which is confirmed by the following evidence: _________________________. However, the services rendered by the defendant _________________________ are not paid. According to the calculation attached to the statement of claim, the amount owed by the defendant _____________________________ for payment is _________________________ RUB. The collection of penalties for late payment for services is not provided for by the contract for the provision of services. On the basis of Article 309 of the Civil Code of the Russian Federation, obligations must be performed properly in accordance with the terms of the obligation and the requirements of the law, other legal acts, and in the absence of such conditions and requirements, in accordance with customs or other usually imposed requirements. A unilateral refusal to fulfill an obligation and a unilateral change in its conditions are not allowed (Article 310 of the Civil Code of the Russian Federation). Thus, it is necessary to recover from the defendant _________________________ in favor of the plaintiff _____________________________ the debt under the contract for the provision of services in the amount of _________________________ RUB. In connection with the appeal to the court, the plaintiff incurred court costs in the form of a state duty in the amount of _________________________ RUB. According to Articles 88, 98 of the Code of Civil Procedure, the court awards the party in whose favor the court decision was made to reimburse all court expenses incurred in the case on the other side. Thus it is from the defendant in favor of the plaintiff it is necessary to recover legal costs in the amount of _________________________ RUB. Based on the foregoing, guided by Articles 12, 15, 779, 781 of the Civil Code of the Russian Federation, I ask: To recover from the defendant _________________________ in favor of the plaintiff _________________________ the debt under the contract for the provision of services in the amount of _________________________ rub. To collect from the defendant _________________________ in favor of the plaintiff _________________________ court costs for the payment of state duty in the amount of _________________________ RUB. Appendix: 1. Copy of the statement of claim. 2. Receipt of payment of state duty. 3. Contract for the provision of services for a fee. 4. Documents confirming the fact of rendering services. 5. Calculation of the amount of debt. 6. Documents confirming the circumstances set forth in the statement of claim. Claimant _________________________ _________________________ _________________________

On December 28, 20**, LLC “K” (hereinafter referred to as the Claimant, Contractor) and OJSC “K” (hereinafter referred to as the Respondent, Customer) concluded an Agreement for the maintenance of locking devices No. *****/2 (hereinafter referred to as the Agreement) . This agreement is concluded for a period until 06/14/2014.

According to the subject of the Contract, the Contractor assumes the obligation to maintenance intercom devices, automatic locking devices with an electromagnetic lock and mechanical combination locks installed in the entrances of residential buildings, and the Customer undertakes to pay for the services of the Contractor on the terms stipulated by the Agreement.

According to clause 4.2. and clause 4.4. of the Agreement, the cost of the Contractor's services for each calendar month is determined as the product of the number of apartments located in the entrances of residential buildings transferred for maintenance to the Claimant (specified in Appendix No. 1 to the Agreement) by the amount of fixed monthly payments (hereinafter referred to as the Tariff).

According to clause 4.3. of the Agreement, the amount of the Tariff depends on the type of locking device and is:

- for the maintenance of the intercom device - 64.00 rubles. for each apartment;

- for the maintenance of an automatic locking device with an electromagnetic lock - 48.00 rubles. for each apartment;

- for the maintenance of a mechanical combination lock - 27.00 rubles. for each apartment.

In accordance with clause 4.5. of the Agreement, payment for the services rendered is carried out by the Customer no later than 30 calendar days from the date of their acceptance by transferring funds to the account of the Contractor.

The Claimant duly provided the Respondent with the services provided for by the Agreement for the period from 01/01/2013 to 03/31/2013, which is confirmed by the following acceptance certificates signed by the Customer:

1. No. 2013/01 dated January 31, 2013 in the amount of RUB 370,976.01;
2. No. 2013/02 dated February 28, 2013 in the amount of RUB 367,770.01;
3. No. 2013/03 dated March 31, 2013 in the amount of 368,821.01 rubles.

In accordance with Art. 309 of the Civil Code of the Russian Federation, obligations must be properly performed in accordance with the terms of the obligation and the requirements of the law.

In accordance with Art. 310 of the Civil Code of the Russian Federation, a unilateral refusal to fulfill an obligation and a unilateral change in its terms are not allowed, except as otherwise provided by law.

According to paragraph 1 of Art. 779 of the Civil Code of the Russian Federation, under a contract for the provision of services for a fee, the contractor undertakes, on the instructions of the customer, to provide services (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services.

According to paragraph 1 of Art. 781 of the Civil Code of the Russian Federation, the Customer is obliged to pay for the services rendered to him on time and in the manner specified in the contract for the provision of services for compensation.

To date, these services have not been paid by the Customer. The amount of debt for the period from 01/01/2013 to 03/31/2013 is 1,107,567.03 rubles.

In accordance with clause 5.3. of the Contract, for late payment for services, the Contractor has the right to require the Customer to pay a penalty in the amount of 0.1% of the amount of underpayment for each day of delay.

Art. 330 of the Civil Code of the Russian Federation establishes that a penalty (fine, penalty interest) is a sum of money determined by law or contract, which the debtor is obliged to pay to the creditor in case of non-performance or improper performance of the obligation, in particular, in case of delay in performance.

The calculation of the amount of penalties for late payment of financial obligations was made as of 06/03/2014:

The amount of penalties - penalties to the Respondent is 468,556.93 rubles.

Despite the fact that, by virtue of paragraph 1 of Art. 330 of the Civil Code of the Russian Federation, the amount of the penalty agreed upon by the Parties in the contract is assumed to be commensurate with the consequences of the breach of obligation, and the creditor is not obliged to prove the infliction of losses to him, we consider it necessary to draw the attention of the Court to the following circumstances.

The Claimant's main and only activity is the installation and maintenance of intercom systems and locking devices. This activity is socially significant and is aimed at creating and maintaining a safe environment for residents of Moscow. At the same time, contract No. 2012/2 dated December 28, 2011 is the main contract that ensures the receipt of more than 80% of the funds necessary for the economic activity of the Claimant, which is a small business entity.

The suspension of the receipt of funds under this agreement leads both to the threat of termination of the economic activity of the Claimant, and the risk of reducing the safety of residents of the Kotlovka district of Moscow. In these circumstances, the Claimant's losses are formed not even by the cost of interest on the use of the loan, but by the inability to attract loan funds, since banks do not issue loans to replenish working capital without valid income contracts.

Thus, in reality Negative consequences delays in payment under the contract for the Claimant turn out to be much more significant than the penalty accrued for this delay. At the same time, the Claimant neither intentionally nor through negligence contributed to the increase in the amount of the penalty. Accordingly, in this case there are no grounds for reducing the amount of the penalty, as in accordance with Art. 333 of the Civil Code of the Russian Federation, and in accordance with. Art. 404 of the Civil Code of the Russian Federation.

Considering the foregoing, as well as the fact that the amount of the penalty agreed upon by the Parties in order to stimulate good faith and observe payment discipline can be applied in case of violation of obligations by each party, we believe that the amount of the claimed penalty is more than proportionate and reasonable and should be recovered from the Respondent in the stated size.

The Claimant repeatedly appealed to the Respondent with a proposal to voluntarily repay the resulting debt. In particular, on May 12, 2014, a claim was sent to the Respondent demanding payment of the amount owed and penalties. To date, the Respondent has not provided a response to this claim.

Based on the foregoing, guided by Article.Article. 309, 310, 330, 779, 781 of the Civil Code of the Russian Federation and Art. 125, 126 APC RF,

ASK:

1. Collect from JSC “K” (TIN 7727**********, PSRN ***************) in favor of LLC “K” (TIN 77**** **********, OGRN 1********************) debt under the Contract for the maintenance of locking devices dated December 28, 2011. No. 2012/2 in the amount of RUB 1,107,567.03
2. Collect from JSC “K” (TIN 7727**********, PSRN ***************) in favor of LLC “K” (TIN 77**** **********, OGRN 1********************) penalties in the amount of RUB 468,556.93.
3. Collect from JSC “K” (TIN 7727**********, PSRN ***************) in favor of LLC “K” (TIN 77**** **********, OGRN 1********************) the amount of expenses for paying the state fee in the amount of 28,761.24 rubles.

Appendix:

1. A copy of the charter of LLC "K".
2. Extract from the Unified State Register of Legal Entities LLC "K".
3. A copy of the certificate of state registration "K".
4. A copy of the certificate of registration with the tax authority.
5. Extract from the Unified State Register of Legal Entities of JSC "K".
6. Payment order for payment of state duty (original).
7. A copy of the Agreement for the maintenance of locking devices dated 12/28/20** No. *******.
8. A copy of the Certificate of acceptance and delivery of work on the maintenance of locking devices dated January 31, 2013 No. 2013/01 in the amount of 370,976.01 rubles.
9. A copy of the Certificate of acceptance and delivery of work on the maintenance of locking devices dated February 28, 2013 No. 2013/02 in the amount of 367,770.01 rubles.
10. A copy of the Certificate of acceptance and delivery of work on the maintenance of locking devices dated March 31, 2013 No. 2013/03 in the amount of 368,821.01 rubles.
11. A copy of charges for locking devices for January 2013, signed by the defendant.
12. A copy of charges for locking devices for February 2013, signed by the defendant.
13. Copy of charges for locking devices for March 2013, signed by the defendant.
14. Copy of claim dated 05/12/2014.
15. Receipts indicating that the statement of claim was sent to the persons participating in the case.

This position is reflected in paragraph 1 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated December 22, 2011 N 81 “On Certain Issues of the Application of Article 333 of the Civil Code of the Russian Federation”

A sample of this statement of claim was developed and used by the specialists of the Corporations and Shareholders project in providing legal assistance in debt collection. You can get more information about the service by clicking on the link:

Quite often, in economic activities, when performing work and providing services, contracts are used that do not fully correspond to the actual subject. In some cases, it is quite difficult to determine what kind of activity the performer actually carries out. At the same time, despite the name of the contract used, the correct definition of the essence of the relations regulated by it allows using the only correct rule of law and obtaining a positive decision when applying to the court.

ARBITRATION COURT OF THE KRASNOYARSK REGION

IN THE NAME OF THE RUSSIAN FEDERATION

DECISION

Case No. А33-1914/2016

Krasnoyarsk

The Arbitration Court of the Krasnoyarsk Territory composed of Judge E.V. Kurbatova, having considered at the court session the case on the claim of the limited liability company "Kofr" (TIN 2465138284, OGRN 1162468050392), Krasnoyarsk,

to limited liability company TK "Sibir Region" (TIN 2465259240, OGRN 1112468053301), Krasnoyarsk,

collection of debts and interest,

for reimbursement of court costs,

when participating in this case as a third party not declaring independent claims regarding the subject of the dispute: Limited Liability Company Transport Technologies, Krasnoyarsk,

in presence at the hearing:

from the defendant: Eshtokina A.G., representative by power of attorney dated 06/01/2015 No. 8,

when maintaining the minutes of the court session by the secretary Toropova L.V.,

installed:

limited liability company "Kofr" (hereinafter referred to as the plaintiff) filed a lawsuit with the Arbitration Court of the Krasnoyarsk Territory against the limited liability company TK Siberia Region (hereinafter referred to as the defendant) for the recovery of 503,815 rubles. debt under the contract for the provision of transport services dated November 26, 2014 No. 26-11 / 2014, 41,242 rubles. 90 kop. interest for the use of other people's funds for the period from 01/26/2015 to 01/31/2016, as well as 10,000 rubles. court costs for the services of a representative.

The claim has been accepted for trial. By the ruling dated 04.02.2016, proceedings were initiated on the case, to participate in the case as a third party, not declaring independent claims regarding the subject of the dispute, the limited liability company "Transport Technologies" - the executor under the contract for the provision of transport services dated 11.26.2014 No. 26- 11/2014.

By the ruling dated 03/10/2016, the trial in the case was adjourned to 04/05/2016.

The plaintiff and a third party duly notified of the place and time of the court session by sending copies of the ruling dated 03/10/2016 to the indicated persons at addresses known to the court, by publishing the text of the ruling dated 03/10/2016 in the Arbitration Case File Index www.kad.arbitr.ru, in court session did not appear. In accordance with the article of the Arbitration Procedure Code of the Russian Federation, the hearing was held in the absence of representatives of the plaintiff and a third party.

From the plaintiff to the case file electronically through the My Arbitr system, objections to the review were received, which are attached to the case file in accordance with the article of the Arbitration Procedure Code of the Russian Federation.

The representative of the defendant at the hearing did not recognize the claims, supported the statement stated in the response to the claim that the plaintiff had missed the limitation period for the claims.

In a written objection to the response of the respondent, the plaintiff stated the following:

The reduced limitation period can only be applied to legal relations for which, by virtue of an article of the Civil Code of the Russian Federation, the presence of a consignor, consignee and carrier, as well as transport documents confirming the fact of acceptance for transportation, namely, a consignment note, is characteristic. The consignment note must be filled out when drawing up a contract for the carriage of goods by road and serves to confirm the costs of transportation;

The contract No. 26-11/2014 dated November 26, 2014, concluded between the defendant and a third party, is a contract for the provision of services for a fee, since the document confirming the volume of services rendered is an act on the provision of services, on the basis of this document, payment for services is made. The waybill is a document that serves to record and control the operation of the vehicle, the driver, by itself cannot serve as a basis for attributing the above agreement to a contract of carriage. Thus, the requirement from the contract for the provision of transport services dated November 26, 2014 No. 26-11 / 2014 is subject to the general limitation period - 3 years;

Notice of assignment of the right to claim dated 01.26.2016 No. 6 was sent to the defendant on 01.29.2016, arrived at the place of delivery on 01.31.2016, the plaintiff filed a claim with the arbitration court on 02.02.2016.

From the third party, the materials of the case received a response to the claim, from which it follows that the third party supports the claims made by the plaintiff.

During the consideration of this case, the following circumstances of importance for the consideration of the dispute were established.

Between the limited liability company TC "Siberia Region" (customer) and the limited liability company "Transport Technologies" (executor) concluded a contract for the provision of transport services dated November 26, 2014 No. 26-11 / 2014.

Under the terms of this agreement, the contractor undertakes to provide the customer with transportation services bulk materials the customer - crushed stone, rock, sand, sandy loam, loam (hereinafter referred to as the cargo) at the facility (hereinafter referred to as the facility) Kuyumba-Taishet Main Oil Pipeline - PS-2, and the customer undertakes to accept the services rendered and pay for them in accordance with the terms of this agreement (clause 1.1 of the agreement).

In accordance with clause 1.2 of the agreement, the length of each specific route, as well as the current rates, the algorithm for determining the cost of services rendered and the type of cargo transported (from those listed in subparagraph 1.1 of this agreement) are indicated in additional agreements or in an appendix to this agreement.

By virtue of clause 1.3 of the contract, transportation services are provided by vehicles (hereinafter referred to as equipment), make, model and specifications which are indicated in Appendix No. 1 to the contract.

The period for the provision of services under this agreement is from the date of signing this agreement to 12/31/2014 (clause 1.4 of the agreement).

According to clause 3.3 of the contract, payments for transportation are made for each calendar month of the operation of the contractor's vehicles. In accordance with clause 2.1.7 of the contract, at the end of each calendar month, the customer and the contractor within 3 (three) working days reconcile the volumes (mass) of the transported cargo. The customer signs the certificate of completion within 3 (three) business days from the date of its approval. Payment for services is made by the customer before the 25th day of the month following the reporting one, on the basis of the act of services rendered signed by the parties and the invoice and invoice issued by the carrier, drawn up in accordance with the requirements of the Tax Code of the Russian Federation.

It follows from paragraph 5.1 of the agreement that all disputes and disagreements arising between the parties from this agreement or in connection with it are subject to resolution through negotiations, and in case of failure to reach an agreement on controversial issues, contentious issues are subject to consideration in the Arbitration Court of the Krasnoyarsk Territory in accordance with the current legislation of the Russian Federation.

By virtue of clause 5.2 of the contract, the claim procedure for resolving disputes is mandatory. The term for responding to a claim is 20 calendar days, after which, in the absence of motivated objections, it is considered accepted and subject to satisfaction.

Clause 6.1 of the agreement provides that this agreement comes into force from the date of its signing by both parties and is valid until 12/31/2014, and if by the time the agreement expires the parties have unfulfilled obligations under the agreement, then until the parties fully fulfill their obligations.

In the supplementary agreement dated November 26, 2014 No. 1 to the contract for the provision of transport services dated November 26, 2014 No. 26-11/2014, the counterparties agreed on the following:

Price for transportation of 1 cubic meter. cargo at a distance of up to 4.5 km. at the object of transportation specified in clause 1.1 of the agreement is 55 rubles, including 18% VAT. The specified price is calculated with the inclusion of all operating costs of the Contractor (including the cost of fuel and lubricants, as well as food and accommodation for the Contractor's employees at the facility for the provision of services). Payment for the work performed is made in accordance with section 3 of this agreement;

The mass of the transported cargo is determined on the basis of control weighing on truck scales. The volume of transported cargo is indicated in waybills and is determined by dividing the mass of the cargo by its density, determined in the laboratory and indicated in the relevant laboratory conclusion. The total cost of the contractor's services per month is determined by multiplying the total volume of cargo transported per month in cubic meters by the rate.

An act of the Federal State Unitary Enterprise "Construction and Installation Department" dated 12/10/2014 is submitted to the case file, which confirms the loading of a Mercedes truck, g / n V711MU of soil in the amount of 21 cubic meters.

In pursuance of the obligations assumed under the contract dated 26.11.2014 No. 26-11/2014, the contractor provided the customer with motor transport services in the amount of 683,815 rubles, about which the counterparties signed a universal transfer document dated 12.23.2014 No. 25, as well as a register of acceptance - transmission waybills No. 1 for the period from November 28, 2014 to December 23, 2014 for the specified amount.

These documents were signed by the customer without objection in terms of the volume and quality of services rendered.

To pay for the services provided for the transportation of goods under the contract dated November 26, 2014 No. 26-11 / 2014, the contractor issued an invoice to the customer for payment dated December 23, 2014 No. 6 in the amount of 683,815 rubles.

Claim No. 5 dated 06.04.2015, the contractor applied to the customer with a request to pay the debt before 04.20.2015 under the contract No. 26-11/2014 dated 11.26.2014 for payment for the services rendered and accepted for the transportation of goods in the amount of 683,815 rubles.

The obligation to pay for the services rendered by the customer was partially fulfilled - in the total amount of 180,000 rubles. payment orders dated April 9, 2015 No. 94 in the amount of 50,000 rubles;

The cost of services unpaid by the customer amounted to 503,815 rubles.

On January 22, 2016, a limited liability company "Kofr" (assignee) and a limited liability company "Transport Technologies" (assignor) concluded an agreement on the assignment of rights (claims).

Under the terms of this agreement, the assignor cedes, and the assignee accepts the right (claim) under the contract for the provision of transport services dated November 26, 2014 No. 26-11 / 2014 with the limited liability company TC "Siberia Region" (hereinafter referred to as the debtor) (paragraph 1.1 of the agreement).

It follows from paragraph 1.2 of the assignment agreement that the scope of rights (claims) transferred under this agreement: the main debt for cargo transportation services for the period from 11/28/2014 to 12/23/2014 at the Kuyumba-Taishet oil pipeline - PS-2 » in the amount of 503,815 rubles, as well as the right to collect interest for violation of the terms of payment for services.

The right of the assignor passes to the assignee at the time of the conclusion of this agreement to the extent and on the conditions that existed at the time of transfer of the right under the contract for the provision of transport services dated November 26, 2014 No. 26-11 / 2014 (clause 1.3 of the contract).

On January 29, 2016, Transport Technologies LLC sent a letter dated January 26, 2016 No. 6 to the limited liability company Siberia Region TC, in which it notified the debtor of the assignment of the creditor's rights under the contract for the provision of transport services dated November 26, 2014 No. 26 -11/2014 in the amount of 503,815 rubles. the principal debt, as well as the right to collect interest for violation of the terms of payment for services to the limited liability company "Kofr".

Referring to the defendant's improper performance of contractual obligations to pay for the services provided for the transportation of goods, the assignment of the right to claim debt for payment for these services by a third party to the Kofr limited liability company, the plaintiff filed this claim with the arbitration court.

After examining the evidence presented, evaluating the arguments of the persons participating in the case, the arbitration court came to the following conclusions.

Litigation on:

Limitation period, by statute of limitations

Arbitrage practice on the application of Art. 200, 202, 204, 205 of the Civil Code of the Russian Federation