CASSATION REMINDED OF THE DIFFERENCE BETWEEN SUBSIDIARY AND LOSSES

The manager applied to the court for recovery of damages from the debtor's beneficiary (case no. A41-13557/21). In support of the application, it was pointed out that the defendant was the chairman of the debtor's management board, who in turn managed the apartment building.

At the same time, the defendant issued double receipts for payment of housing and communal services to the owners of an apartment building and, accordingly, collected funds from the owners to open settlement accounts in banks, as well as the defendant's personal settlement account, without actually managing the house.

The court of first instance refused to satisfy the application, since the manager did not prove the composition of the losses, the appeal left the application without consideration.

In support of its position, the Court of Appeal referred to the lack of proof of the defendant's status as a beneficiary of the debtor.

The Court of cassation sent the dispute for a new appeal and pointed out that in cases of recovery of damages it is necessary to prove the illegality of the defendant's behavior as the causer of harm, the existence of losses and their size, as well as the causal relationship between the illegal actions of the defendant and the resulting losses.

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