The appeal cancelled the decision of the first instance court. The deal in the amount of more than 71 mln.rub was recognized invalid
In the Arbitration Court of the Moscow Region, the Applicant was denied the invalidation of transactions for the transfer of 71.8 million rubles. In the appeal, the lawyers of YUKO company managed to prove that the transactions were made during the period of suspicion, in that period the Debtor had unfulfilled obligations to creditors, whose claims were subsequently included in the Debtor’s register of claims. The fact of the affiliation of the Debtor and the counterparty was proved on the basis of previously considered applications, as well as on the basis of the materials of the audit of the tax authority. The conclusion of the court of first instance on the making of the contested payments within the framework of the ordinary household activity was declared unfounded. The consequences of the invalidity of transactions in the form of recovery of funds from the counterparty were applied.
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