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Daumani 4: debt and interest awarded, interim protection of the claim retained

Viru Maakohus · First instance

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delay

Daumani 4: debt and interest awarded, interim protection of the claim retained

Judgment · Viru Maakohus · First instance

Korteriühistu Daumani 4 · 80228651

Entry into force has not been reverified

Participants and roles: Claimant — Korteriühistu Daumani 4; Defendant XX; Parties’ representatives XX

Editorial summary

The short judgment grants the association’s claim and retains security for the claim. The court explained the ten-day procedure for notifying an intention to appeal so that a factual description and reasons can be added.

The dispute and the court’s decision

The court granted the apartment association Daumani 4’s claim against XX for debt and late-payment interest. In addition to principal and accrued interest, it awarded further interest of 0,07% per day on unpaid principal until payment in full. The defendant was ordered to bear court costs; the state fee and contractual representation costs found necessary and justified were awarded. Previously imposed measures securing the claim were left unchanged. This act does not disclose their content. The preserved text contains the operative part and appeal procedure without a detailed account of arguments, evidence or reasons. The case was heard under the simplified procedure. The court did not grant permission to appeal and stated that admission of an appeal was possible on the grounds specified in the act of an obvious material error of law, procedure or assessment of evidence. A participant intending to appeal must notify the county court within 10 days of service of the operative part. The judgment is then supplemented with a factual description and reasons, and the 30-day appeal period runs from service of the supplemented full text. This is the procedure explained by the court; supplementation, further review and payment of the awarded sums have not been established.

Outcome of this decision

Grant the association’s claim against XX: award principal, accrued late-payment interest, further interest of 0,07% per day until payment of principal, and court costs. Retain the measures securing the claim. A ten-day deadline is stated for notifying the court of an intention to appeal to obtain a supplemented judgment.