The state customer had to return the penalty, although the supplier argued about its size
The supplier fulfilled the contract in 2016 in full, but with a violation of the term. For some time, the parties in the correspondence argued about the amount of the penalty and the customer's right to keep it. As a result, the customer calculated it unilaterally and made payment under the contract minus the penalty. The supplier asked to write it off because it did not exceed 5% of the contract price, but the customer refused.
The court returned the money to the supplier. According to the rules in force in the year of execution of the contract, the customer was obliged to write off the penalty. The dispute about its size did not prevent this.
The Russian armed forces in similar cases also takes the side of suppliers, noting: the rule on the confirmation of debt can not be considered as a ban on the cancellation of the penalty.
Document: resolution of the Arbitration court of the Moscow district of 01.10.2018 in the case N A41-5246/2018