THE SUPREME COURT RECALLED THE ACCESSORY NATURE OF THE SOFTWARE TRANSITION

The legal successor of the bank (lender) appealed to the court with a claim for recovery of debt from the borrower under the loan agreement and penalties (case no. A40-17960/22). The plaintiff was a guarantor under the contract, at the request of the creditor, he fulfilled the requirement to pay the debt within the limits of the liability established by the contract (75%) and filed a recourse claim to the debtor.

The courts of three instances satisfied the claim in part of the principal debt, refusing to recover the penalty, based on the fact that the plaintiff, applying to the court for the recovery of the penalty, did not indicate its legal nature and did not substantiate the grounds for such accrual in the calculation presented in the case materials.

The Supreme Court of the Russian Federation corrected the lower courts and recalled that, according to the current regulation and the terms of the guarantee agreement, after the guarantor fulfills his obligations to the creditor, the creditor's rights under these obligations are transferred to him to the extent that the guarantor satisfied the creditor's claim, including the creditor's rights under obligations ensuring the fulfillment of the debtor's obligations (in particular, the rights of the creditor as a pledgee).