The Moscow Appellate Court upheld the recovery of a 4.6 billion ruble penalty under a 2014 state contract from the satellite manufacturer "Reshetnev" at the suit of the Ministry of Defense, reports the "Pravo" portal.
The company was developing a space system consisting of a ground control complex and spacecraft. The contractor failed to complete the work on the project on time, thereby violating the terms of the contract. The customer charged the defendant 4.6 billion rubles in penalties.
Reshetnev noted that they could not perform the work due to the fault of a third party and petitioned for the application of Article 333 of the Civil Code due to the disproportionality of the accrued penalty.
The court of first instance rejected his arguments and fully satisfied the claim. According to the court, the company did not provide reasonable evidence that the accrued amount was disproportionate. The defendant, upon concluding the contract, familiarized himself with its terms, including the amount of the possible penalty.
Reshetnev manufactures satellites for national projects, such as the federal program "Sphere," which includes the "Gonet" (communication) and "Skif" (internet access) groupings.
At the beginning of the year, JSC "Reshetnev" received an order for the production of only five devices.
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