Kangelaste 40 and FARKAM: mutual claims ended by a 3000 euro agreement
OÜ FARKAM · KORTERIÜHISTU KANGELASTE 40 · OÜ Mürin · 10176071 · 80180370 ·
Participants and roles: Claimant and counterclaim defendant — OÜ FARKAM; Defendant and counterclaimant — KORTERIÜHISTU KANGELASTE 40
How it started · editorial summary
Instead of a decision on the claim and counterclaim, the court approved a 3000 euro payment and mutual waiver of claims.
The dispute and the court’s decision
OÜ FARKAM brought a monetary claim against the apartment association Kangelaste 40, and the association brought a counterclaim for damages. The court approved an agreement and terminated the case without deciding the original claims on their merits. The causes of the debt and damage are not described in detail in this act.
The association undertook to pay FARKAM 3000 euros within 12 months from entry into force of the ruling. By agreement, payment is directed to OÜ Mürin’s account. The act establishes no monthly schedule. If the entire amount or a part due is paid late, interest of 0,5% is provided for each day of delay.
FARKAM waived its claims and the association waived its counterclaim. The parties confirmed that they had no mutual monetary or property rights claims arising from the circumstances described or similar grounds; their earlier relations were settled by the agreement, whose terms exclude new pecuniary or non-pecuniary claims based on the earlier circumstances. FARKAM may apply to a bailiff to enforce the ruling.
The hearing scheduled for 25 May 2017 was cancelled. Each party bears its own costs; refund of the fee is to be decided by a separate ruling after the act enters into force.
Outcome of this decision
Approve the agreement, terminate the proceedings and cancel the hearing. The association pays 3000 euros within 12 months from entry into force of the act; late payment carries interest of 0,5% per day. Each party bears its own costs; refund of the fee is decided separately.
Translation of an anonymised, abridged excerpt from Estonian
2. Terminate the proceedings in civil case No 2-14-62363.