Subject of Dispute: Recovery of Penalty from LLC “Kyivrianta” for Late Submission of Net Income Certificates under the Lease Agreement for Premises at Boryspil Airport.
Main Court Arguments:
1. The Defendant did not provide properly executed net income certificates for the period from March 2022 to September 2023, which constitutes a breach of contract terms.
2. The Court took into account the circumstances of wartime and the Defendant’s suspended activities but recognized that this does not exempt from contractual obligations.
3. The Court applied the rule on extending the periods for penalty accrual during quarantine, which deviates from previous judicial practice.
Court Decision: Partially Satisfy the Claim, Obligate LLC “Kyivrianta” to Provide Proper Certificates and Recover a Penalty of 301,850 UAH.