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No debt and payment of interest: settlement

Editorial summary

Peremaakler OÜ sought a declaration that it owed no debt to the association. The court approved a settlement distinguishing no debt for 2008–2009 from an obligation to pay EUR 591.36 in interest.

Order · Viru Maakohus · First instance

Narva linn, Kosmonaudi tn 7 korteriühistu · 80146060

Peremaakler OÜ · 11523072

Swedbank AS

Nordea Bank AB Eesti filiaal

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delay
Participants and roles
  • Peremaakler OÜ — claimant
  • Narva linn, Kosmonaudi tn 7 korteriühistu — defendant
  • Swedbank AS — bank for payment of interest
  • Nordea Bank AB Eesti filiaal — bank of the filing fee refund recipient

The dispute and the court’s decision

Peremaakler OÜ sued Narva linn, Kosmonaudi tn 7 korteriühistu for a declaration of no debt. Under the settlement, the association acknowledged no debt for 1 January 2008 to 31 December 2009, while the parties acknowledged EUR 591.36 in outstanding default interest as at 10 June 2014. Peremaakler OÜ agreed to pay that interest within 30 days after the order takes effect. Once the terms are performed, neither party has mutual claims in this case. The court found the settlement lawful, enforceable and consistent with the public interest, approved it and closed the proceedings. These are agreed terms, rather than confirmation of payment already made. Each party bears its own costs. The claimant is to receive half the filing fee, EUR 137.50, back. The parties waived appeal, so the order is not appealable.

Outcome of this decision

The settlement was approved and the proceedings closed. Peremaakler OÜ must pay EUR 591.36 in interest within 30 days after the order takes effect; EUR 137.50 of the filing fee is to be refunded.

Entry into force has not been reverified