of January 11, 2006 No./7447
(extraction)
Agreement on the termination of cross liabilities on cooperation agreement by court acknowledged reasonable.
The claimant - JV Q LLC is submitted to economic court the action for declaration to the defendant - JSC C about recognition of the prisoner between agreement parties of January 1, 2005 invalid, compulsion of the defendant to observance of procedure for agreement cancelation about joint activities, damages recovery in the amount of 70020454,96 of the bags and direct losses consisting of costs on payment of the national duty in the amount of 864124 bags, services of the lawyer in the amount of 150000 bags.
By the decision of economic court satisfaction of claims it is refused.
The judgment is left by the resolution of appellate instance without change.
Without having agreed with the court acts adopted on case, the claimant appealed to the Supreme Economic Court with the writ of appeal about their cancellation and adoption of the new decision on satisfaction of claims.
Judicial board, having studied case papers, considers necessary court resolutions to leave without change, and the writ of appeal without satisfaction on the following bases.
From case papers it is seen that between the parties the cooperation agreement according to which JSC C undertook to transfer to the settlement account JV Q LLC the contribution for joint activities in the amount of 550 million bags was signed on December 12, 2003 and according to the written notice of the claimant to approve the inventory of national consumption, intended for purchase according to the subject of the agreement. JV Q LLC undertakes obligations on contributing for joint activities in the amount of 250 million bags and the organization of search and purchase of high-quality products of national consumption outside the republic.
On January 1, 2005 between the parties the agreement according to which them proven fact of the fact that joint activities for the agreement of December 12, 2003 were not performed, and is decided to stop cross liabilities under the agreement is signed.
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