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CASE STUDY

A 65-million-rouble loan dispute: recovery and defence against a 270-million counterclaim

Two borrowers took loans of 65 million roubles from our client Ms F. and refused to repay them. The courts awarded her 54 million and 17.1 million roubles and foreclosed on the pledged assets, while a 270-million-rouble counterclaim against her was dismissed in full.

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Category
Civil disputes
Period
2020–2022
Key figure
54 million ₽ recovered for the client

Attorney Dmitry Malyutov, jointly with lawyer Vladimir Kovalev (Kovalev & Partners LLC)

The task

Ms F. had lent 65 million roubles to two borrowers under interest-bearing loan agreements. They refused, on contrived pretexts, to repay the loans or pay interest. The loans were secured by pledges said to comfortably cover the debt — but a study of the documents raised serious doubts about the real value of the pledged assets.

What we did

Claims were filed against both borrowers in the Nagatinsky District Court of Moscow: in case No. 2-862/2020, for recovery of the loan and interest (54 million roubles in total); in case No. 2-0570/2020, for termination of the second loan agreement, recovery of 15 million roubles plus 2.1 million in interest, and foreclosure on the pledge. When one borrower countersued Ms F. for 270 million roubles of alleged “losses from lost pledged property” (case No. 02-0730/2020, Lefortovsky District Court of Moscow), the defence gathered evidence that he could never have owned the items he claimed to have pledged.

The outcome

Ms F.’s claims were granted in full and upheld on appeal and in cassation; the 270-million counterclaim was dismissed entirely. Bankruptcy proceedings have been opened against both opponents, within which the judgments in our client’s favour are being enforced.

Cases No. 2-862/2020, No. 2-0570/2020, No. 02-0730/2020Jointly with lawyers of Kovalev & Partners LLC

The result in one case neither guarantees nor implies a similar result in another.

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