The sculptor Zurab Tsereteli filed a cassation appeal against the court's decision to recover 29 million rubles from him under the claim of the Moscow City Property Department as a penalty under a land plot lease agreement.
The complaint was filed with the Moscow Arbitration Court on September 15,
In 2004, Tsereteli acquired the building of 22 Electromechanical Plant and became a tenant of 26.9 thousand square meters on Aviamotornaya Street. In 2019, the Moscow department filed a lawsuit against Tsereteli for 55 million rubles, demanding repayment of debt on rent for the period from the second quarter of 2014 to October 2017. At the same time, the defendant's debt amounted to 21.6 million rubles, in turn, the city property department demanded to pay 33.5 million rubles as a penalty on the debt.
In court, the defendant's representative asked to exclude from the calculation of the debt 5 million rubles after the expiration of the limitation period, and reduce the amount of the penalty to 9 million, noting that the penalty requested under the contract corresponds to the provision of funds at 73% per annum. The sculptor paid off the debt.
In November 2019, chernayakobra.ru reported that the Moscow Arbitration Court partially satisfied the claim, determining a "fair and proportionate amount of the penalty" at 29 million rubles. At the same time, the court recognized that the fine for late payments specified in the contract was excessively high.
In July, the Ninth Arbitration Court of Appeal dismissed Tsereteli's appeal.