Определение № 260537 от 26.01.2021, Софийски градски съд

П Р

О Т О

К О Л

Гр. София, 26 януари 2021 г.

СОФИЙСКИ ГРАДСКИ СЪД, Търговско отделение, VІ-7 състав, в открито съдебно заседание на двадесет и шести януари, две хиляди двадесет и първа година, в следния състав:

ПРЕДСЕДАТЕЛ:

СВЕТОСЛАВ ВАСИЛЕВ

Секретар:

ПАВЛИНКА СЛАВОВА

Сложи за разглеждане докладваното от съдия

ВАСИЛЕВ търговско дело № 1825 по описа за 2020 г.

На именното повикване в 11,10 часа се явиха:

ИЩЕЦЪТ "И." ЕООД- редовно призован, представлява се от адв.Й., с пълномощно по делото.

ОТВЕТНИКЪТ З. ООД - редовно призован, представлява се от адв.И., с пълномощно по делото.

СТРАНИТЕ/поотделно/: Да се даде ход на делото.

СЪДЪТ

ОПРЕДЕЛИ:

ДАВА

ХОД НА ДЕЛОТО.

СТРАНИТЕ/поотделно/: Заявяваме, че постигнахме спогодба за следното:

On this the .... day of ... 2020, in Sofia, by and between 1 Z.-P. Ltd., a company organised and existing under the laws of the Russian Federation, with state registration No. 1027739149602, operating in Bulgaria through its branch

Z.-P. Ltd. - BRANCH BULGARIA KChT, registration No. ********, with registered office: Sofia 1000, Vazrazhdane District, ********., hereinafter referred to as “Р.”, represented by Sergey Mihailovich Savelev, in his capacity of legal representative,

And

2.I. Ltd., registration No. ********, with registered office: Sofia 1309, Vazrazhdane District, 130-132 ****** Blvd., *******, office 1, represented by the manager Kaloyan Lyusien Teodosiev, hereinafter referred to as “I.”, together referred to as “the Parties”, this settlement was concluded for the following:

§ 1. The Parties, noting that there exists mutual will to resolve the dispute under commercial case No. 1825/2020 according to the inventory of the Sofia City Court, Commercial Division, VI-7 panel, conclude the present settlement in order to terminate the dispute in the proceedings and to avoid future disputes, by making the following mutual concessions.

§ 2. Considering that the proceedings in commercial case No. 1825/2020 according to the inventory of the Sofia City Court, Commercial Division, VI-7 panel, were initiated on the basis of a claim with grounds Art. 79 OCA in con. Art. 226(1) OCA in con. Art. 86 OCA and Art. 92 OCA and with price of the claim BGN 8,305,309.75 /eight million three hundred and five thousand three hundred and nine leva and seventy-five stotinki/, as follows: a/ BGN 3,289,248.00 - price for performed construction and installation works under the Subcontract from 07.04.2020 b/ BGN 157,852.80 - penalty for non¬ performance under the Subcontract from

07.04.2020 c/ BGN 4,533,657.09 - price for performed construction and installation works under the Subcontract from 28.05.2020 d/ BGN 302,421.67 - penalty for non¬ performance under the Subcontract from

28.05.2020 е/ BGN 737,613.00 - advance payment under the Subcontractor agreement from 28.05.2020 f/ BGN 22,130.19 - statutory interest for late payment on the due advance payment under the Subcontract from 28.05.2020, from 08.06.2020 until 20.09.2020.

§ 3. Considering that, on the request of I. for security for a filed claim, with Ruling No. 2600625/12.10.2020 in commercial case No. 1825/2020 according to the inventory of the Sofia City Court, Commercial Division, VI-7 panel a distraint was placed on the claims of Р. and ZAKNEFTEGAZSTROY-Р. Ltd.

– B.BULGARIA KChT, registration No. ******** under Subcontractor Agreement from 15.05.2020 entered into with Consortium VEMAK, DZZD, BULSTAT ******** up to the amount of BGN 8,305,309.75, as well as distraint on the claims of Р. and ZAKNEFTEGAZSTROY-Р. Ltd. - BRANCH BULGARIA KChT, registration No. ******** under Consortium Agreement from 24.02.2020, in its capacity of partner with 25% stake in Consortium SPBP, DZZD, BULSTAT ********* up to the amount of BGN 8,305,309.75. For the admission of the security I.has submitted a guarantee in the amount of BGN 830,530.00. the Parties agree on the following:

1. I. agrees and declares that its claims towards Р. amount to BGN 8,100,0. 00 /eight million and one hundred thousand leva/, as follows: under the Subcontract from 07.04.2020 - BGN 3,289,248.00, VAT included; liquidated damages under the Subcontract from 07.04.2020 - BGN 70,563.31;

• under the Subcontract from 28.05.2020 -BGN 4,533,657.09, VAT included;

• liquidated damages under the Subcontract from 28.05.2020 -

BGN 206,531.60. and that it waives the excess up to amount of BGN 8,305,309.75, representing the sum of prices of all claims under commercial case No.

1825/2020 of the Sofia City Court, Commercial Division, VI-7 panel.

2. Р. recognizes that its obligations towards I. are in the amount of BGN 8,100,000.00 /eight million and one hundred thousand leva/, as follows: under the Subcontract from 07.04.2020

- BGN 3,289,248.00,

VAT included; liquidated damages under the Subcontract from 07.04.2020 - BGN 70,563.31;under the Subcontract from 28.05.2020

- BGN 4,533,657.09,

VAT included; liquidated damages under the Subcontract from 28.05.2020 - BGN 206,531.60

3. Р. shall transfer the amount of BGN 8,100,000.00 /eight million and one hundred thousand leva/, to the bank account of I.indicated below.

I. A. B. AD BG**********- BGN BG************* – EUR

4. 4 (1) I.undertakes to gradually request the termination and lifting of the security measures for sums over BGN

8.100.0. 00 /eight million and one hundred thousand leva/, placed in enforcement case No.

20208410404331/2020, enforcement case No. 20208410403187/2020 and enforcement case No 20208410403211/2020 of private bailiff reg. No. 841 N. M., and after it has been indisputably established that: a/ at least one of the claims, on which distraint has been placed, has been secured in the amount of BGN 8,100,000.00, or b/ the amount of BGN 8,100,000.00 has been distrained in total from several of the distraints placed on claims or bank accounts.

(2) I.shall request lifting of the placed distraint(s) from the private bailiff for the amount of the sum over BGN 8.100.0. 00.

5. (1) The payment of the amount under p. 3 under the conditions of Art. 4, letter “a” shall be done by Р. within 5 /five/ business days /determined by complying with the non-working days and public holidays in Bulgaria and in Russia/ from receiving by Р. of decrees for termination and lifting of the security measures placed in enforcement case No.

20208410404331/2020, enforcement case No 20208410403211/2020 of private bailiff reg. No. 841 of N.M., except of the distraint under which the amount amount of BGN 8,100,000.00 is secured.

2)

The payment of the amount under p. 3 under the conditions of Art. 4, letter “b” shall be done in parts, as follows:

- first payment within 5 /five/ business days /determined by complying with the non­working days and public holidays in Bulgaria and in Russia/ from receiving by Р. of decrees for partial lifting of the security measures placed in enforcement case No. 20208410404331/2020 or enforcement case No 20208410403211/2020 of private bailiff reg. No. 841 of N.M.;

- second payment within 5 /five/ business days

/determined by complying with the non­working days and public holidays in Bulgaria and in Russia/ from receiving by Р. of new decrees for partial lifting of the security measures placed in enforcement case No. 20208410404331/2020 or enforcement case No 20208410403211/2020 of private bailiff reg.

No. 841 ofN.M. for the amount over the outstanding balance following the first payment

- if a third payment is necessary, the rules for the second payment shall apply

6. I.undertakes to request the lifting of the rest of the security distraints placed under the indicated enforcement cases within 3 days from receiving full payment of the amount of BGN 8,100,000.00.

7.The day after the day of receiving decrees for lifting the distraints and for termination of enforcement case No 20208410404331/2020, enforcement case No No 20208410403211/2020 and enforcement case No 20208410403187/2020 of private bailiff reg.

No. 841 N.M. Р. shall file applications for consent to release the guarantees submitted by I.for the court cases, where security has been allowed against court-appointed guarantee.

8.

The parties agree with the implementation of this settlement, they shall consider as finally resolved their relations and as repaid the receivables, arising from Subcontractor agreement on 07.04.2020 and Subcontractor agreement on 28.05.2020, with regard to which is initiated commercial case No. 1825/2020 of the Sofia City Court, Commercial Division, VI-7 panel.