Debt to the association agreed to be repaid at 35 euros per month
Kerese 15 Narva KÜ · 80218285
Participants and roles: Claimant Kerese 15 Narva KÜ — creditor under the agreement.; Defendant XX — acknowledged the principal debt and accepted the schedule.
How it started · editorial summary
The court approved the agreement between the apartment association Kerese 15 Narva and defendant XX on instalments and the consequences of breaching the schedule, and terminated the case.
The dispute and the court’s decision
The apartment association Kerese 15 Narva brought a claim for debt and late-payment interest. The parties agreed the amounts of principal and costs and submitted an agreement for monthly instalments to the court.
If even one payment is late by just one day, the entire balance becomes immediately payable. A contractual penalty intended to compensate for interest accrued by the time of the agreement, and further late-payment interest of 0,1% per day on the unpaid balance, are also provided for. These are agreed consequences of breach, not confirmation that they were actually applied.
The court found no conflict with the law or good morals, approved the agreement and terminated the proceedings. Costs not named in the agreement remain with the defendant. After the ruling enters into force, half the state fee paid, 100 euros, is to be refunded to the association from the budget. Performance of the schedule has not been established.
Outcome of this decision
Approve the instalments and consequences of late payment: immediate payment of the balance, a contractual penalty and further late-payment interest. Terminate the case and allocate costs under the agreement; refund the association 100 euros in state fees after the ruling enters into force.
Translation of an anonymised, abridged excerpt from Estonian
5. Terminate the proceedings in civil case No 2-15-106808.