The appeal upheld the decision of court of the first instance: the DIA was denied to include the claims in the register. The amount of claims is more than 2 billion rubles.
The bank, represented by the DIA, submitted demands in the amount of more than 2.041 billion rubles for inclusion in the register of claims of the Debtor’s creditors. YUKO company lawyers managed to prove the affiliation of the creditor, debtor and borrowers, the lack of economic feasibility in concluding surety agreements and the sham of the agreements. The court also took into consideration that among the credit dossier materials presented by the Plaintiff (represented by the DIA), there was not a single document related to the issuance of guarantees to the Debtor. Thus, it was possible to prevent the inclusion of claims in the amount of 2.041 million rubles in the register of claims of the Debtor’s creditors. The decision to refuse to include the DIA in the register of creditors’ claims was upheld on appeal.
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