Here is the translation of the legal analysis:
1. Subject of Dispute: Recovery of a penalty of 12,109,500 UAH for the delivery of low-quality reinforced concrete slabs PAG-14.
2. Main Arguments of the Court:
– The plaintiff did not prove that the delivered slabs have real technical defects
– Certificates of conformity confirm the quality of the goods
– The plaintiff signed delivery notes without any remarks
– The State Research Institute confirmed that the use of steel cables instead of rod reinforcement is not a defect
3. Court Decision: Reject the penalty recovery, as there is no evidence of poor product quality.
Interestingly, the court essentially deviated from a literal interpretation of the technical standard, taking into account modern production realities.
