December 2015: Defense Victory for the Client in the First Instance Civil Court of Khan-Uul, Bayangol, Songino-Khairkhan Districts
The Firm won a complete defense verdict for our Client, who engages in foreign trade, construction and road development business, in a contract breach case in the First Instance Civil Court of Khan-Uul, Bayangol, Songino-Khairkhan Districts. The Client entered into the contract dated November 2014 with the claimant pursuant to which the claimant agreed to perform electrical and lightening works, in other hand, our Client agreed to pay the price as set out in the bill of quantity attached to the contract agreement. However, the plaintiff filed suit on 6 August 2015, therefore, alleged that the defendant (our Client) infringed its contractual obligations in delaying payments and retained some payments without any contractual basis. Therefore, the plaintiff demanded the liquidated damages for the delayed payments and the unlawful retained amounts (in total:MNT1.307.979.227). Over the course the litigation, the plaintiff dropped some of its claims against the Client as our firm found out several errors in the suit and criminal issues.
At the time of trial on 8 December 2015, our firm successfully convinced the judge that the suit brought by the plaintiff must be invalidated based on the grounds that several misleading facts, false documentation and registration with the authority. Therefore, the judge agreed with our arguments and invalidated all claims brought by the defendant.