Kreenholmi 30: paid debt and first-instance costs

Payment before judgment precluded a repeated award but left costs to be decided.

Korteriühistu Kreenholmi 30 (now — Narva linn, Kreenholmi tn 30 korteriühistu). KÜ Kreenholmi 30 appealed the partial allowance of its claim against owner XX. Principal was paid after filing but before judgment; the first-instance court refused to award it again and awarded only accrued late-payment interest. The allocation dispute concerned current invoices and an earlier judicial settlement: payment descriptions distinguished the obligations. The appellate court preserved that result. It rejected the argument that the claim had been admitted: the defendant had not admitted it, and payment before judgment did not justify a fresh award of an extinguished claim. Only costs were changed. As payment followed filing, the defendant’s conduct caused the first-instance costs. The association was awarded 397 euros: a 175-euro state fee and 222 euros for necessary legal assistance. The appeal was allowed in part; each party bears its appeal costs. Payment of principal was established, but payment of late-payment interest and costs was not.

The appeal was allowed in part: paid principal was not awarded again, and the association was awarded 397 euros in first-instance costs.