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To the Court of Arbitration

of St. Petersburg and the Leningrad region

Plaintiff: JSC «Artis-Baby Food»

INN 7804054351/ KPP 780401001

Location: 194044, SPb, Neyshlotsky lane, 17

Address for correspondence:

197110, St. Petersburg, Petrovsky prospect, 20

197110, SPb, PO / box 192

Defendant: Limited

Liability Company «Trading house «Rainbow»

192241, SPb, Sofijskaja Str., 52-a

The price of the claim 6.943.952,66 rubles.

The state fee: 46 219,85 rubles.

STATEMENT OF CLAIM № 1/08

on debt collection to pay for the supply of goods

In may 2007 between the company "Artis Baby food" (hereinafter called "the Supplier") and LLC "Trade House "Raduga" (hereinafter called "Buyer") concluded a supply agreement dated 08.05.07.

On the basis of the above contract, the Supplier had delivered the goods to the Buyer for the amount 15.007.167,28 rubles, payment for the goods produced in the amount of 8.001.860,00 rbl., the the goods returned in the amount of 45.914.12 rubles., cross-delivery of goods in the amount of 15.440.50 rubles. In this way, at the date of filing the statement of claim the amount owed by the Buyer before the Supplier is 6.943.952,66 rubles (15.007.167,28 rbl. - 8.001.860,00 rbl. - 45.914,12 rbl. - 15.440,50 rbl. = 6.943.952,66 rbl.)

Payable to the Supplier, the Buyer does not deny, as evidenced by acts of reconciliation.

Article 309 of the Civil Code provides that obligations should be executed properly in accordance with the terms obligations and requirements of law, other legal acts, and in the absence of such conditions and requirements - according to customs of business turnover or other usually shown requirements.

By virtue of Article 310 of the Civil Code is invalid unilateral refusal to perform the obligations and the unilateral amendment of its terms, except as required by law.

According to paragraph 1 of Article 486 of the Civil Code the buyer must pay for the goods directly to the or after transfer of the goods by the seller, unless otherwise stipulated by the Civil Code, other law, other legal acts or the contract of purchase and sale or follows from the nature of the obligation. In accordance with paragraph 4.1. a contract to supply the Buyer agrees to pay for the goods delivered within a period not more than 21 business days from receipt of goods. The last batch of goods received by the Purchaser 27.12.2007 (waybill from 28.12.07. Register overhead) In this way,the Purchaser has the obligation to pay for the goods, which corresponds to circumstances of the case.

The claimant in accordance with paragraph 6.4 of the contract delivery was sent to the Purchaser's claim for payment of debt, the latter left without satisfaction.

Based on the above, guided by Articles 12, 32 Arbitrazh Procedure Code, Articles 309, 310, 486 of the Civil Code

I request:

To recover the benefit of JSC «Artis-Baby Food» to the Limited Liability Company «Trading house «Rainbow» 6.943.952.66 rubles arrears in payment of delivered goods.

The comment! L. Vavilenko (the accountant of LLC PC Childhood) went on increasing of in LLC TD Rainbow, she became general director. M. Kirilenko was one of the founders of the LLC TD Rainbow. Also M. Kirilenko was one of the founders in the LLC PC Childhood. And the preliminary inquiry cannot interrogate L. Vasilenko from 05.07.2007, about the economic activity of LLC PC Childhood and whereabouts M. Kirilenko. By law, the founder is involved in the appointment of the general director, full control of its financial and economic activities, he is responsible to all creditors for the debts of the organization.

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ANNEX:

1. Payment order for payment of the state fee (original) - 1 page;
2. Certificate of state registration of CJSC «Trading Artis» № 18310 of 04.10.1995, the (copy) - 1 page;
3. Decision Registration Chamber of St. Petersburg on the registration number 208 693 changes of 15.08.2000 (copy) - 1 page;
4. Extract from the Unified State Register of Legal Entities - 1 copy (8 pages);
5. The minutes of the General shareholders meeting № 6/2005, dated 23.08.2005. (copy) - 1 page;
6. The supply agreement № 0805 (copy) - 3 pages;
7. Acts of reconciliation - 7 pages;
8. A claim - 1 page;
9. The register of deliveries and payments - 3 pages.
10. The register of postal correspondence - 1 page.