The Research Institute and Furniture Factory LLC entered into a supply agreement, according to which the Research Institute acquired from Furniture Factory LLC 120 sets of office furniture (at a price of 17 thousand rubles each) that should be manufactured and supplied by the factory within 1 Years of ten sets in each month. According to the contract, in the event of the failure of LLC Furniture Factory to fulfill its obligations, a penalty in the amount of 5% of the value of an unremitted or untimely transferred furniture set was subject to recovery from it.
Within a year after the conclusion of the contract, Furniture Factory LLC delivered and transferred to the Research Institute accordingly: in the first month - 5 sets of furniture; in the second - 10; in the third - 0; in the fourth - 5; in the fifth - 5; in the sixth - 15; in the seventh, it was 5. For the next two months, furniture was not delivered to Furniture Factory LLC. The research institute, without finding out the reasons for the short delivery, sent the factory a notice of termination of the contract and entered into a contract for the supply of furniture with another supplier, with all costs attributed to Furniture Factory LLC. Furniture Factory LLC appealed to the arbitration court with a claim to force the research institute to accept the remaining furniture sets.
The research institute appealed to the arbitration court with a counter-claim for the recovery of a fine from LLC “Furniture Factory” for delay in the supply of furniture in the third month; penalties for the early delivery of furniture in the sixth month and damages.
Analyze the arguments of the parties and decide the case.
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