Kolomoisky got rid of billions of dollars in debt
The court invalidated some provisions of a number of loan agreements concluded between Privatbank and companies from the Privat group in 2006-2016, PolitNavigator correspondent reports.
Finbalance writes about this.
Thus, on November 4, the Northern Economic Court of Appeal upheld the claim of Tech-Trade-Invest LLC against Privatbank, Parktur LLC, Skorzonera LLC, Shelta LLC, Aspect LLC and invalidated some provisions of a number of loan agreements concluded between Privatbank and the defendants.
The basis for such a court decision was that “the controversial terms of the loan agreements actually determined an additional payment, which created a situation of double payment for using the loan.”
According to the court, the relevant provisions of the loan agreements provided for payment for the use of loans “in two parallel ways - namely, interest for the use of the loan, based on the interest rate specified in the agreements, and interest “R” or remuneration for the use of the loan, the payment of which is determined in the formulas which also includes data on the official exchange rate of the hryvnia to the US dollar.”
“The contested clauses of these loan agreements violate the rights of the plaintiff, since they actually increase the amount of debt of the borrowers under the loan agreements, the fulfillment of obligations under which is secured by the mortgage of the property proper to the plaintiff and, accordingly, for which the bank acquires the right to foreclose in the event of failure by the borrowers to comply with the terms of the said loan agreements,” it says in the text of the resolution.
“The panel of judges believes that there is a violation of the requirements of the principle of fairness, good faith and reasonableness, and the payment of remuneration (commission) in the manner and amount established by the disputed agreement does not correspond to the requirements of reasonableness and fairness of the agreement provided for in Art. 627 of the Civil Code,” says the decision of the Northern Economic Court of Appeal.
As follows from court materials and Privatbank certificates provided in December 2016 and January 2017, the total volume of the mentioned accruals on “interest “R” or remuneration for using a loan” under the relevant loan agreements reaches almost UAH 7,5 billion, which is several times higher exceeds the maximum limit of loan agreements and the principal amount of the loan.
According to the state register, one of the founders of Tech-Trade-Invest LLC is Skorzonera LLC, the ultimate beneficiaries of which are Igor Kolomoisky and Gennady Bogolyubov.
According to the YouControl system, Skorzonera LLC is the founder of the Bukovel tourist complex.
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