Võidu 9: company and second defendant ordered by default to refund an advance

The association sought repayment of a contractual advance; the company and second defendant did not respond after service of the claim by public notice.

The court granted the claim by the apartment association Võidu 9 Narva for repayment of an advance by default. Farkam SV OÜ and defendant XX were ordered jointly and severally to repay the advance and 225 euros in court fees. Joint and several liability is a shared obligation: the association may seek the amount from either debtor but may not collect the full amount twice. The association relied on two contracts, signed on 28 March and 1 April 2016, and the advance transferred under them. It alleged that the defendants had not properly performed their contractual obligations and therefore sought repayment. The judgment does not disclose the detailed subject of the works or substantive objections from the defendants. The claim and the ruling accepting it were served on the defendants by public notice through Ametlikud Teadaanded; the court deemed service completed on 15 December 2016. No response arrived within the 14 days allowed. The court granted the claim under the default judgment rules. The judgment was declared immediately enforceable without security. The court also provided for service of the judgment itself by public notice, as it was unknown to whom and where it could be delivered in the ordinary way. The judgment does not establish actual repayment of the advance or payment of the awarded costs.

Award the association repayment of the advance and 225 euros in costs jointly and severally against Farkam SV OÜ and XX. The judgment is immediately enforceable without security; service by public notice is provided for.