Shaanxi Z.S.B. Metal Product CO

We are engaged in the execution of court decisions on the territory of foreign countries

We accept payment in rubles, USD or EURO

ARBITRATION COURT OF MOSCOW

SOLUTION

St. Petersburg
September 07, 2023 Case no. A56-131966/2022
The operative part of the decision was announced on September 06, 2023.
The full text of the decision was made on September 07, 2023.
The Arbitration Court of the city of St. Petersburg and the Leningrad Region, consisting of:
judge Tyurina Y.S.,
when conducting the minutes of the court session by the secretary of the court session
Alekseeva D.S.
plaintiff: Global Trade Limited Liability Company, OGRN
1187847336445
Defendant: Shaanxi Z.S.B. Metal Product Co., Ltd
on debt
collection with the participation of
from the plaintiff: Kochura A.V. power of attorney dated 05/23/2023
from the defendant: Failed to show up, notified

THE COURT FOUND:

Global Trade Limited Liability Company has applied to
The Arbitration Court of the city of St. Petersburg and the Leningrad Region
filed a claim against Shaanxi Z.S.B. Metal Product Co., Ltd (China)
for debt collection in the amount of 361,374.48 rubles. Chinese yuan, interest for
the use of other people's funds in the amount of 13,653.03 Chinese yuan for
the period from 07/22/2022 to 12/22/2022.
By the definition of 03/14/2023, the statement of claim was accepted for production in accordance
with part 4 of Article 248.1 of the APC of the Russian Federation, taking into account the legal position set out in the definitions
The Supreme Court of the Russian Federation dated 09.12.2021 N 309-ES21-6955(1-3) and dated
06/29/2022 N 305-ES22-6215, as ordered by the Government of the Russian Federation
Dated 03/05/2022 No. 430-r approved the "List of foreign states and
territories committing unfriendly acts against the Russian Federation, Russian
legal entities and individuals", which includes
the member States of the European Union, including Sweden.
A representative of the plaintiff appeared at the court session on 09/06/2023 and supported the stated
claims.
The court notice on the appointment of the court session on 09/06/2023 with
the attachment of the translation of the court ruling was sent to the defendant
by the delivery service of SVT-Petersburg LLC on 08/10/2023 No. 1452954462 and received by the defendant
21.08.2023. The case file contains a report on the shipment.

The defendant did not appear at the court session on 09/06/2023, did not
send objections or petitions.
In accordance with paragraph 3 of Article 156 of the APC of the Russian Federation, if
the plaintiff and (or) the defendant, duly notified of
the time and place of the trial, fail to appear at the court session of the arbitration court, the court has the right to consider the case in their
absence.
The Arbitration Court, in accordance with article 137 of the Arbitration Procedural Code
The Russian Federation has completed the preliminary court session and moved on to the
trial.
Having examined the case materials, evaluating the evidence collected in the case in
in combination and interrelation, the court found that the stated claims are subject
to satisfaction on the following grounds:
As follows from the case file, on 04/18/2022, Shaanxi Z.S.B.
Metal Product Co., Ltd. (seller) and Global Trade Limited Liability Company
(buyer) concluded contract No. 18042022, hereinafter
referred to as the Contract, in accordance with paragraph 1.1 of which the seller sells and
the buyer buys the goods - stainless steel tapes, according to
the name, quantity and price according to the applications, which are
integral parts of this Contract on the terms of delivery of the goods FOB –
Guangzhou, China, according to Incoterms 2010, unless otherwise specified in the annexes to
the contract.
According to clause 8.2 of the Contract, the Parties agreed to be guided by the current
legislation of the Russian Federation.
On 06/10/2022, the Parties concluded additional agreement No. 1 in the Contract,
according to which the Seller undertook to refund the advance payment according
to the Buyer's details in the amount of 361,374.48 Chinese yuan by 07/01/2022.
Referring to the fact that the Seller did not refund the specified funds,
the plaintiff appealed to the court with these requirements.
In accordance with Articles 309 and 310 of the Civil Code of the Russian Federation (hereinafter -
The Civil Code of the Russian Federation) obligations must be fulfilled properly in accordance with
the terms of the obligation and the requirements of the law, other legal acts, and in
the absence of such conditions and requirements - in accordance with customs or other commonly
imposed requirements. Unilateral refusal to fulfill an obligation and
unilateral modification of its terms is not allowed, except in cases
provided for by this Code, other laws or other legal
acts.
The fact of the conclusion between the parties of the Contract dated 04/18/2022 and the supplementary
agreement dated 06/10/2022 is confirmed by the case materials.
The defendant did not submit written objections to the claim, and did not
challenge the claims either by right or size.
According to Part 3.1 of Article 70 of the Arbitration Procedural Code of the Russian Federation
The Federation, the circumstances referred to by the party in support of its
claims or objections are considered recognized by the other party, unless they are
directly challenged by it or disagreement with such circumstances does not arise from other
evidence substantiating the objections submitted regarding the substance
of the stated claims.
In such circumstances, the claim for debt collection in the amount
of 361,374.48 rubles Chinese yuan in accordance with the terms of the Contract and the requirements
of Articles 309, 310, 486, 516 of the Civil Code of the Russian Federation is
justified and must be satisfied.

The plaintiff also filed a claim for the recovery of interest for the use of other
people's funds in the amount of 13,653.03 Chinese yuan for the period from 07/02/2022 to
12/22/2022 (subject to the moratorium).
On the basis of Article 395 of the Civil Code
of the Russian Federation, interest on the amount of these funds is payable for the use of other people's funds as a result of their unlawful retention, evasion from their return, other delay in
their payment or unjustified receipt or saving at the expense of another person
.
The calculation of interest has been verified by the court and found to be correct.
In such circumstances, the stated requirements must be satisfied in
full.
In accordance with article 110 of the Arbitration Procedure Code of the Russian Federation, the costs
of paying the state fee are borne by the defendant.
Guided by articles 110, 167-176 of the Arbitration Procedural Code
Of the Russian Federation, the Arbitration Court

THE COURT DECIDED:

To collect from Shaanxi Z.S.B. Metal Product Co., Ltd (China) in favor
of the Global Trade Limited Liability company debt in the amount
of 361,374.48 rubles. Chinese yuan at the exchange rate of the Central Bank of the Russian Federation
on the date of payment, interest for the use of other people's funds in
the amount of 13,653.03 Chinese yuan for the period from 07/02/2022 by 12/22/2022 at the exchange rate
The Central Bank of the Russian Federation on the date of payment, 41,901 rubles.
the cost of paying the state fee.
The decision may be appealed to the Thirteenth Arbitration Court of Appeal
the Court within a month from the date of the Decision.
Judge Syurina Y.S.