THE SUPREME COURT RESTRICTED THE SOLE CREDITOR IN THE RIGHT TO DOUBLE RECOVERY FROM THE BENEFICIARY

In the framework of the bankruptcy case (no. A57-12609/17), the sole creditor applied for bringing the debtor's beneficiary to subsidiary liability. The courts of three instances satisfied the claim despite the fact that the defendant had already been held liable in the form of recovery of damages in favor of the creditor.

The Supreme Court of the Russian Federation did not share this approach, noting that the recovery of additional compensation from the defendant on the second claim (in the form of bringing to subsidiary liability or as compensation for other corporate losses) is aimed at leveling the company's losses, which ultimately should have been attributed to persons entitled to receive a liquidation quota.

However, it was the defendant who was such a person: he was the actual head and sole beneficiary (participant) of the company. Consequently, there was no subject whose legitimate interest was subject to protection when resolving the second claim, which is a sufficient reason for refusing to satisfy it.