Cases

DECEMBER 2022

Subject of claim:

Oblige the Defendant to transfer the car to the Plaintiff at the agreed price in accordance with the terms of the concluded Contract, in a complete set, taking into account the agreed additional equipment.

Basis of claim:

Non-fulfillment by the Defendant of obligations to transfer the car to the buyer in accordance with the terms of the Contract of Sale at the price specified in the commercial offer and agreed between the parties. The Defendant objected to the satisfaction of the claims, pointing out that the contract between the Plaintiff and the Defendant was terminated due to the Plaintiff's failure to fulfill obligations to pay for the car.

When the car arrived at the warehouse, the Defendant sent a corresponding notification to the Plaintiff, as well as a message about the readiness to transfer the goods under the Contract, and informed the Plaintiff about the increase in the price of the car. Since the car was not paid on the basis of the provisions of the contract, it was terminated unilaterally with the refund of the advance payment. The court's decision denied the claim.

The full text of the court ruling can be found here:

https://viselkovsky--krd.sudrf.ru/modules.php?name=sud_delo&srv_num=1&name_op=case&case_id=96722439&case_uid=308017f3-01b9-44f2-bafb-e84b2e6da57f&delo_id=1540005