The joint stock company appealed to the court with a claim for recovery from the individual entrepreneur of the debt for the delivered products and a percentage for the use of another's funds in accordance with Art. 395 of the Civil Code.
In support of its claims, the JSC referred to the supply contract concluded with the individual entrepreneur. And the fact of incomplete payment for the delivered products. As evidence, the representative of the company presented to the court the originals of the following documents: 1) a copy of the supply agreement; 2) invoices with reference to the supply contract, indicating the price and quantity of the goods, with the signature of the individual entrepreneur's employee on the receipt of the goods; 3) an extract from the bank, from which it follows that the individual entrepreneur paid (with reference to the supply agreement) only 50% of the delivered products.
The individual entrepreneur, in response to the lawsuit, indicated that he did not sign the supply contract, instead of the signature on copies of the contract is his facsimile. Consequently, the contract is not concluded, and the obligation to pay any sums of money to the joint-stock company did not arise.
The representative of the company stated that he did not suspect about the facsimile signature of the individual entrepreneur on the contract, but could not deny that even without any examination it was clear that the signature was not handwritten. However, the company did not reject the claim.
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