The Arbitration Court of the Moscow Region refused to satisfy the creditor’s claim against the company to recover 1.9 billion rubles of debt under the loan agreement.
Joint Stock Company (Principal) Bureau of Lawyers “De jure” received a loan of 10 million US dollars for business development about 10 years ago. Subsequently, the loan amount was converted into ordinary shares, and the creditor gained control over the company. The subsequent chain of events, corporate conflict, financial instability in the country and numerous lawsuits could have led to legal uncertainty, in which the Principal risked losing all of his assets. Despite the actual circumstances of the loan repayment, the Plaintiff believed that the right to demand the return of the loan was not terminated, new circumstances that were in other legal disputes allow filing a claim not only against the Principal, but also against the guarantors. Nevertheless, Alexander Uchaykin, senior lawyer in the economic dispute resolution practice at the Bureau of Lawyers “De jure”, managed to convince the court that there were no grounds for satisfying the claim.
As a result, the court rejected the Plaintiff’s arguments and denied the claim, including on the grounds of missing the statute of limitations.