Central Commercial Court of Appeal in its decision of 26.05.2020, the upheld the appeal of “Privatoffice” LLC and annulled the decision of the Donetsk Regional Commercial Court of 12.03.2020 (in case №904 / 6511/17), which granted request of Privatbank to secure the claim to arrest the real estate of “Privatoffice” LLC within the amount of claims (UAH 646.5 million).
In its lawsuit, Privatbank asks the courts to terminate the loan agreement with “Privatoffice” LLC (№07 / 30 / К) and collect the debt in the specified amount.
According to court materials, according to Privatbank, “Privatoffice” LLC owns more than 200 real estate objects in different regions of Ukraine. The National Bank claimed that after his appeal to the court with a statement of claim, more than 130 real estate objects (from which certain objects) were transferred from the property of “Privatoffice” LLC in favor of “Tsukorprom” LLC (as a contribution to the authorized capital) have been alienated ”(quote).
“Privatoffice” LLC noted that it owns part of the real estate, which Privatbank indicated in the statement of claim, with 145 objects in the mortgage of the National Bank.
The Central Economic Court of Appeal noted that the court of first instance did not take into account that the debt obligations of “Privatoffice” LLC were secured, incl. agreement on pledge of corporate rights by UAH 763.7 million, which is UAH 120 million more than the subject of the dispute.
In addition, the appellate court found that LLC “Privatoffice” renting out its property, "carries out active economic activity, has a significant turnover and stable income": as noted, in 2019 the company's accounts received 122.9 million UAH and 2.75$ million, in 2020 — 102.1 million UAH and 2.44$ million.
«The above indicates the ability of the company to comply with the court's decision in case of satisfaction of the claim, and therefore there are no grounds for the application of measures to secure the claim,« — summed up the Central Court of Appeal.
As Finbalance wrote, on July 5, 2019, the Pechersk District Court of Kyiv granted the request of “Privatoffice” LLC and lifted the seizure of 415 real estate objects of the company (land plots, non-residential, office premises in different regions of Ukraine), which was imposed by the same court 05.04.2017 at the request of the GPU in the criminal proceedings №42017000000000876 (on the issuance of loans by Privatbank — in the period before nationalization and refinancing in the NBU — for related parties on unfavorable terms, which led to debts of legal entities to the bank for 373 million UAH) .
Against this background, “Privatoffice” LLC filed applications for termination ("collapse") of its debt obligations to Privatbank by crediting counter homogeneous claims.