The winner presented to the customer a signed draft contract and an independent guarantee to ensure its execution. He paid a commission for receiving it. Since the inspectors found violations in the purchase, the protocol of summing up and the procedure for concluding the contract were canceled.
The winner went to court to collect a commission from the customer for issuing a guarantee. Three instances did not support it.
The guarantee was received after the inspectors decided on violations and ordered to cancel, among other things, the final protocol. Knowing about these circumstances, the winner issued the security in this form. So he made the expenses himself.
The Arbitration Court of the Moscow District came to a similar opinion.
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