Skip to decisions
Žuk — ANTON и JELENA
Back to decisions

Gerassimovi 24: company ordered by default to refund an advance for key cutting

Viru Maakohus · First instance

Contracts and servicesWorks contracts and designPayment, advance payments and refunds

Gerassimovi 24: company ordered by default to refund an advance for key cutting

Judgment · Viru Maakohus · First instance

KÜ Gerassimovi 24 · OÜ Farkam · 80152362 · 10176071

Entry into force has not been reverified

Participants and roles: Claimant – KÜ Gerassimovi 24; Defendant – OÜ Farkam; Organisations’ legal representatives XX

How it started · editorial summary

The association sought repayment of an advance under a contract it said had not been performed; the company did not respond to the claim.

The dispute and the court’s decision

The court granted the apartment association Gerassimovi 24’s claim against OÜ Farkam by default and awarded repayment of a 750-euro advance. It separately awarded 125 euros in court fees against the company. The judgment is immediately enforceable without security. According to the association, the parties entered a key-copying contract on 3 February 2016. The association transferred a 750-euro advance on 12 February, but the company did not do the work or respond to the complaint. The association sought its money back. The claim and the ruling accepting it were served on the company on 31 October 2016 by placement in the mailbox at its registered address. No response arrived within the 14 days allowed. The court granted the claim under the default judgment procedure. The association did not supply a statement of litigation costs despite being given time to do so. The court therefore quantified costs on the materials available: payment of a 125-euro court fee was established, and no other costs were identified. The judgment confirms the company’s obligation to refund the advance and reimburse the fee, but not actual receipt of the money by the association.

Outcome of this decision

Award the association 750 euros as repayment of the advance and 125 euros in court fees against OÜ Farkam. The judgment is immediately enforceable without security.
Translation of an anonymised, abridged excerpt from Estonian
3. The default judgment is immediately enforceable without security.