THE EXISTENCE OF A DISPUTE UNDER THE LOAN AGREEMENT DOES NOT PREVENT THE INVALIDATION OF THE REPAYMENT OPERATION

The debtor's manager applied to the court to challenge the transaction on repayment of debt under the loan agreement (case no. A56-76550/20).

The courts of two instances refused to satisfy the claim, referring to the fact that the manager did not prove the financial possibility of transferring funds by the defendant (lender) to the debtor under the contract, as well as the fact that the court of general jurisdiction refused to collect debts under the loan agreement.

The cassation sent the dispute for a new consideration, noting that in this case, the judicial act that entered into force on the claim of the manager in the court of general jurisdiction was absent on the date of the ruling on the dispute on invalidation of the transaction, therefore, the court of first instance had no grounds for applying prejudice and exempting persons interested in the outcome of the dispute from proving the circumstances relevant to the case.

Thus, the circumstances established in the reasoning part of the appealed definition, indicating the imaginary nature of the receipt, contradict the court's conclusion that there are no grounds for satisfying the manager's claim, these conclusions are not motivated by the court.

At the same time, as the court of cassation believes, the presence in the court of general jurisdiction of a claim for debt collection under a loan agreement does not prevent the consideration of a dispute on invalidation of a transaction for the repayment of this loan