MOSCOW, 31 Aug — PRIME. The Moscow Arbitration Court, at the suit of the ST Balchug company controlled by Millhouse, which owns the Balchug Plaza business center, has recovered about $ 5 million from Google LLC, the Russian division of Google, follows from the operative part of the decision published on Wednesday court.
The Court of First Instance almost completely satisfied the claim. He recovered from the defendant in favor of “ST Balchug” more than 657 thousand dollars of the debt of the basic rent and more than 4.3 million dollars of a penalty for early termination of the lease agreement (in the amount of about 300 million rubles at the current exchange rate of the Central Bank). In addition, the court recovered more than 1.4 million rubles in arrears in utility bills.
The court refused to collect only penalties for late payment of rent in the amount of about 52,000 dollars and for late payment of utility bills in the amount of about 114,000 rubles.
The parties entered into a lease agreement for the premises in April 2010. ST Balchug filed a claim for a penalty for its early termination in August, already in the course of the consideration of the case, specifying the claims. Google asked to leave this part of the claim without consideration due to non-compliance with the claim procedure, but the court rejected the petition.
“As a general rule, if the plaintiff observes the pre-trial procedure in relation to the amount of the principal debt, in the event of applying to the court with a demand to recover the amount of the principal debt and the penalty, such an order is considered to be observed in relation to both requirements,” the court noted. He also took into account that the $4.3 million claim was sent to the defendant in June.
The Moscow Arbitration Court is now considering the application of Google LLC for its own bankruptcy. At a meeting in July, a company representative said that its outstanding obligations exceeded 19 billion rubles, and its assets were estimated at 3.5 billion, while all of its bank accounts were frozen.