of May 17, 2007
About money recovery
(determination of Trial chamber on economic cases of the Supreme Court of Ukraine of 26.07.2007 it is refused to open production on review)
Case No. 7/712
NAME OF UKRAINE
The Supreme Economic Court of Ukraine as a part of board of judges:
the chairman - Kocherova N. O.
judges: Dunayevskoy N. G., Rybak V. V.
considered the writ of appeal of the state company "Energorynok"
on the resolution of 31.01.2007 Kiev Economic Court of Appeal
on case N7/712 of economic court of Kiev
in the claim of the state company "Energorynok"
to open joint stock company "Power supplying company "Odessaoblenergo"
national joint stock company "Energy Company of Ukraine"
about collection 267 927 330, 62 UAH.
with the participation of agents of the parties:
from the claimant - Vasilyev D. V. Dov. of 12.02.2007
from the defendant - Bogachenkov V. Yu. Dov. N184 of 24.04.2007
ESTABLISHED:
In November, 2006 the State company "Energorynok" made in court the claim to open joint stock company "the Power supplying company "Odessaoblenergo", National joint stock company "Energy Company of Ukraine" about debt collection for the delivered electric power in the amount 169 209 990, to 41 UAH, 3% per annum 15.228.899,14 of UAH, inflation in the amount 50 702 267, of 79 UAH, penalty fee in the amount 14.941.473,95 of UAH, 7% of penalty in the amount 11 844 699, of 33 UAH.
In reasons for claims specified that 14.10.1998 between GP "Power market" (who is legal successor of "NEK Ukrenergo") and JSC Power Supplying Company Odessaoblenergo the agreement N427/01 of purchase and sale of the electric power was signed. For the electric power of JSC Power Supplying Company Odessaoblenergo purchased in August-December, 1999 was not calculated, as of 01.10.2006 the debt constituted 169 209 990, 41 UAH.
In December, 2006 the State company "Energorynok" changed subject of action and asked to collect debt which arose based on the agreement N472/01 of 14.10.1998 in 1999.
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