LEGRANT defended the client's interests in a dispute with the liquidator of the Counterparty CompanyApril 21, 2021 · News
The counterparty company was declared bankrupt, a liquidation procedure was opened and a liquidator was appointed, who subsequently applied to the commercial court with a claim against the Legrant’s Client for the recovery of UAH 25,239,732.00. debt under the supply agreement.
Legrant's lawyers prepared a defence position and substantiated the absence of debt obligations to the counterparty in connection with the conclusion of the assignment agreement.
Assignment is the transfer of rights to demand the performance of obligations from one person to another based on an agreement. In the practice of business turnover, these types of agreements are encountered quite often, including under a supply agreement.
In addition, the Court took into account the arguments of lawyers that the claims were filed by the liquidator after the expiration of the statute of limitations for more than a year, and the beginning of the expiration of the statute of limitations applies to the appeal of the liquidators.
As a result, the plaintiff did not prove the validity of the reasons for missing the limitation period.