DISPUTE ON THE EXISTENCE OF A REAL ECONOMIC CONNECTION BETWEEN AFFILIATED PERSONS

In denying the claim, the courts of two instances established that there were no grounds for declaring the disputed payments invalid transactions, citing the reality of the economic relations for which the disputed payments were made. The submitted primary documents confirm the delivery of the goods.

The cassation court sent the dispute for a new trial, noting that the courts' findings were not consistent with the circumstances established in the case. The payments made to an entity affiliated with the debtor during the three-year period before the bankruptcy case was initiated are being disputed. The case materials indicate that the company and the counterparty are affiliated entities.

For interested parties in a bankruptcy case, there are higher standards for proving the reality of economic relations between them, but the case materials do not contain comprehensive evidence of the existence of a debt to pay for the goods supplied.

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