We know everything about bankruptcy
01/01/2025
Wednesday
1 January 
2021 Gregorian calendar New Year.
2020 Gregorian calendar New Year
1998 Denomination was held in Russia - a copeck was put into circulation again.
1998 Denomination was held in Russia - a penny was put into circulation again
1935 Surnames were introduced instead of titles in Turkey.
1935 Surnames were introduced instead of titles in Turkey in 1935
THE DISTRICT COURT REJECTED AN ACTION FOR RECOVERY OF DAMAGES FROM THE DEBTOR’S DIRECTOR
The district court has recently considered a case on bringing the director of the debtor company to responsibility in the form of recovering damages from him. The court of first instance and the court of appeal upheld the application, but the district court did not find sufficient evidence for that.
The dispute arose around a contract for the supply of nitrate with 100% advance payment concluded between the debtor and his counterparty.
The courts pointed out the lack of discretion of the manager who did not check the supplier company, and also made the payment, while having unfulfilled obligations to other counterparties.
At the same time, when proving his innocence, the director presented detailed explanations of the reasons for concluding an agreement with this particular company, which, among other things, was indicated by the manufacturer of the goods, as well as the reasonableness of 100% prepayment. This is due to the peculiarities of the production of nitrate, which, as a rule, is made to order.
Having cancelled the rulings of the lower courts, the district court indicated that the burden of proof had been misallocated by the colleagues, and that the arguments presented by the director did not find a proper legal assessment.
As a result, the dispute will be sent for reconsideration to the court of the first instance (resolution of December 17, 2020 No. Ô09-1396 / 18).
