Court repeatedly sides with a client of Mosgo & Partners in a dispute over loan agreements
Mosgo & Partners lawyers won a court case to recover a multi-million debt from two Russian citizens in favour of a foreign person. On 24 November 2022, the court issued an in absentia judgment in the face of the defendants' opposition and attempts to delay the process (we wrote about this earlier). The defendants took advantage of the possibility of simplified cancellation of the decision in absentia, but on 16 June 2023 the court again sided with our client and ruled in his favour.
Anton Shamatonov, Head of Dispute Resolution Practice at Mosgo & Partners, commented: "Apart from the fact that, as we have already mentioned, this decision demonstrates the readiness of Russian courts to make fair, law-based judgements even in a difficult foreign policy situation, it is noteworthy that the general jurisdiction court used cascading reasoning in its judgement: it stated that the sums of money were subject to repayment on the basis of the loan agreement; however, even assuming that no loan agreement had been concluded, they were subject to repayment under the unjust enrichment rules, since the plaintiff had no intention to gift the defendants.
The dispute was accompanied by Konstantin Zakharenko and Anton Shamatonov.
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© Mosgo & Partners. Moscow, 2023