MOSCOW, February 9The Ninth Arbitration Court of Appeal reduced the recovery from the claim of singer Yegor Creed against the organizer of his concert in Arkhangelsk, LLC «Your Concert», from 12 million rubles to seven and a half, follows from the published operative part of the court's decision.
The Court of Appeal accepted the singer's refusal to recover about 154 thousand rubles of debt under the agreement between the parties, which may be associated with partial repayment of the debt by the defendant.
The court also reduced the penalty collected in October by the Moscow Arbitration Court.
As a result, the appellate court recovered in favor of Creed more than three million rubles of the principal debt and about 4.4 million rubles of penalties. In addition, the penalty will be accrued until the date of fulfillment of the obligation.
The dispute arose over a concert held in March 2023. According to the contract, the artist was supposed to receive about 3.3 million rubles for it, and the entire amount had to be transferred before the performance.
However, before the singer filed a lawsuit in April, “Your Concert” did not pay anything.
In court, the defendant stated that the plaintiff’s remuneration should be reduced by the amount of expenses that he incurred for organizing the concert, in particular, for renting a hall, cars and buses for artists, a PlayStation 5 game console, paying for a VIP pass to Sheremetyevo and etc.
The court of first instance agreed with the plaintiff’s arguments that the fixed amount of the fee was fixed in the service agreement. And in the same agreement, “Your Concert” undertook, at its own expense, to ensure the organization of the concert, based on the terms of the agreement, as well as by household and technical riders.
The Court of Appeal changed the decision of the first instance in the direction of reducing penalties for breach of contract, partially satisfying the defendant’s complaint.
The appeal decision came into force.
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