A Russian company (Client of “De Jure”), under a cession agreement with a foreign company, acquired the rights of claim under a loan agreement concluded between a foreign company and another Russian company (the Borrower).
However, the funds under the loan agreement were not returned by the Borrower. Also, the Borrower did not pay interest under the agreement for using the loan amount, which was the basis for the new Creditor to apply to the court with a claim against the Borrower.
By the decision of the Moscow Arbitration Court, the principal debt in the amount of more than 1 billion rubles, about 300 million rubles (interest for using the loan), more than 100 million rubles (penalty in the form of interest for late loan repayment) were recovered from the Borrower in favor of the Client “De jure”.
At the same time, the peculiarity of the court case is not only a significant amount of the loan, interest and penalty, which was claimed to be recovered from the Borrower who maliciously evaded repayment of the debt, but also in the task set by the Client for lawyers, namely, the inadmissibility of delaying the consideration of a court case and, if possible, making a decision by the court without postponing court sessions. At the same time, the task set was successfully achieved by lawyers of MCBA “Bureau of Lawyers “De Jure”, in particular, under the petition of lawyers, the court of the first instance on the day of the preliminary hearing went on to the consideration of the case on the merits in the main court session with a decision on the case.
- V. Filippov, head of MCBA “Bureau of Lawyers “De jure”, and R. K. Gitinov, trainee lawyer took part in forming the legal position on the case.
- K. Gitinov, trainee lawyer, represented the Client’s interests in the Moscow Arbitration court.