of March 22, 2005 No. 21-0403/2250
(extraction)
The unilateral refusal from obligation fulfillment and unilateral change of terms of the contract is not allowed, except as specified, stipulated by the legislation or the agreement
DP "Settlement clearing center" appealed to economic court with the action for declaration about collection with Yokilgikurilishmollarisavdo LLC of 14347213 bags.
The claim is satisfied with resolution of the Trial Court completely.
Appeal instances the judgment is cancelled by the resolution and is refused the claim.
The claimant, having appealed to the Supreme Economic Court with the writ of appeal, asks to repeal the resolution of appellate instance and the judgment to uphold.
Judicial board, having checked case papers, having discussed the arguments stated in the claim considers necessary the writ of appeal to satisfy, to repeal the resolution of appellate instance, and the decision to uphold on the following bases.
From case papers it is seen that between the parties the agreement N4/DP of March 1, 2003 according to which the claimant undertook to deliver coal during 2003 was signed, the brand specified in appendix N 1, the defendant - to pay products cost.
Coal brands are specified in the appendix N1 to the agreement: 2BPK in number of 10100 tons and 2BR in number of 2700 tons. The agreement and appendix to it are signed by agents of the parties and are under seal.
According to the term of the contract the claimant made shipment of coal of both brands. However, brand 2BR coal cost is not paid by the defendant.
In the objections the defendant specified the record made by him on the supplement to agreement N1 about disagreement of receipt of coal of brand 2BR.
However this record the defendant made agreements only on the copy. Whereas according to Art. 384 of RUZ Group the agreement on change or on agreement cancelation is made in the same form, as the agreement. According to Art. 237 of RUZ Group unilateral refusal from obligation fulfillment and unilateral change of terms of the contract is not allowed.
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