The court clarified whether the state customer can apply for a guarantee to the bank, if an amicable settlement is concluded
The contractor has partially completed work on the contract. The successor of the customer applied to the bank for recovery of funds under the guarantee, which ensured the execution of the contract. The bank refused to pay. Then, under the contract, an amicable agreement was concluded and approved by the court. However, the successor to the customer demanded that the court recover the amount of the guarantee from the bank.
The court took the side of the bank. It was pointed out that if the parties to the amicable agreement did not stipulate otherwise, then its conclusion means a complete cessation of the dispute over the corresponding legal relationship. It is not permissible to post new claims in the court from the same legal relationship, regardless of whether these requirements have emerged from the main or additional obligation.
Thus, the appeal to the bank for payment under the guarantee in the event that a settlement agreement is concluded under the contract is an abuse of the law and is not subject to protection.
Document:
Decree of the AC of the Volga-Vyatka District of 01.02.2018 in the case N A31-2704 / 2016