OJSC Trading House Vostochny to pay for the services of

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Uploaded: 10.12.2018
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OJSC Vostochny Trading House to pay for the services of ART-Studio LLC for interior design, issued in the prescribed manner a corresponding payment order. However, the amount indicated in the payment order was written off by the bank with a delay of 14 days, and not from the account of Vostochny Trading House, but from the account of CJSC Arktika.
CJSC "Arktika" appealed to the arbitration court with a claim to OJSC "Trading House" Vostochny "and LLC ART-Studio" about the return of the amount erroneously debited from his account. In addition, it considered that the company and its limited liability company should compensate it for losses, including lost income in the amount of 100 thousand rubles, related to the unjustified write-off from its account of 500 thousand rubles, as well as interest for the use of foreign money. means.
LLC ART-Studio rejected the claims, since the conditions of the contract for the provision of services for the design of the premises were fulfilled, and the money credited to his account was legally credited. In turn, ART-Studio LLC filed a lawsuit against the bank for the recovery of a penalty for late payment of funds to its account, losses, and interest on the use of foreign funds.
The bank, objecting to all the stated claims, indicated that it was not guilty of delay and incorrect withdrawal of funds from the claimant’s account, as the wrong crediting was caused by failures in the computer system due to a virus that was brought in via e-mail by unidentified persons.
Analyze the arguments of the parties and decide the case.

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