On June 2, the Supreme Court, at the request of Nikopol Ferroalloys Plant JSC, closed the proceedings in case №910/13013/19, which was opened on the basis of Privatbank's cassation appeal against the decisions of lower courts, which upheld the claim of Nikopol Ferroalloys Plant JSC against Privatbank and recovered 22 million UAH, which "Nikopol Ferroalloy Plant" as a guarantor, fulfilling the amicable agreement, paid to the National Bank as part of the partial repayment of the debt of Privatbank for refinancing.
The Supreme Court stated that it had already ruled on similar legal relations in another case — №910 / 23070/17 — also with the participation of the NBU and Privatbank.
According to Finbalance, on October 23, 2019, the Supreme Court refused to satisfy Privatbank's cassation appeal against the decisions of lower courts in case 10910/23070/17, which upheld the claim of “Tovkachiv Mining and Processing Plant”, as well as the “Nikopol Ferroalloy Plant” associated with former owners of PrivatBank: Ihor Kolomoyskyi and Gennady Bogolyubov, on the recovery from Privatbank UAH 8.15 million, which the plaintiff company as a property guarantor paid to the National Bank to repay part of the debt of Privatbank for refinancing.
“Subject of claims №910 / 23070/17 and №910 / 13013/19, as well as established by the courts the actual circumstances of voluntary partial performance by the plaintiff, as a property guarantor, of the borrower's obligations under the same loan agreement dated 24.10.2008 № 19, which form the content of legal relations, as well as their legal regulation are the same, which indicates the similarity of the disputed legal relations in these cases, "- said the Supreme Court in the decision of 02.06.2020
According to court documents, the Nikopol Ferroalloy Plant pledged movable property (locomotives) worth UAH 40 million as collateral for the NBU. The relevant encumbrance was removed after the guarantor paid UAH 21.85 million to the creditor, as provided by the amicable agreement (approved by the decision of the Economic Court of Dnipropetrovsk region dated 28.08.2019 in case №904/2382/18).
Earlier, the NBU stated that the settlement agreement was initiated by the Nikopol Ferroalloy Plant, and it provided for the possibility of repaying the amount of obligations within 12 months in equal installments without a commission. Thus on 06.09.2019 the plant repaid all this debt ahead of schedule.
On October 31, 2019, the Economic Court of Dnipropetrovsk region approved another amicable agreement between the National Bank and “Nikopol Ferroalloy Plant” as a property guarantor for Privatbank’s credit obligations.
At the end of January 2020, Privatbank — against the background of rallies under its headquarters of employees of the Nikopol Ferroalloy Plant — announced that it had paid the company UAH 21.8 million, following the decision of the Economic Court of Kyiv of December 17, 2019.
We want to add, on June 4, 2019 the Supreme Court refused to satisfy the cassation appeal of Privatbank and upheld the decision of the lower courts in case №910/22722/17, which satisfied the claim of LLC “Aquatera” (final beneficiaries — Igor Kolomoyskyi and Gennady Bogolyubov) and recovered from Privatbank UAH 25 million, which “Aquatera” as a property guarantor paid to the National Bank to repay part of Privatbank's refinancing debt.
25.02.2020 The Economic Court of Kyiv satisfied the claim of LLC "Arlan" (ultimate owners — Igor Kolomoyskyi and Gennady Bogolyubov) to Privatbank in case №910/16409/19 and decided to collect from the defendant in favor of the plaintiff 17.3 million UAH, which LLC Arlan ”as a guarantor of Privatbank for refinancing paid to the National Bank (on the basis of an amicable agreement approved by the decision of the Central Economic Court of Appeal dated 18.09.2019 in case №904 / 2350/18).
According to Finbalance, in February-April Privatbank fully repaid debts to the NBU for refinancing, paying 7.5 billion UAH. According to the National Bank, on 01.05.2020 Privatbank had no refinancing debts.
At the beginning of 2017 — that is, immediately after nationalization — the amount of debt of Privatbank to the regulator amounted to UAH 18 billion.
Earlier, NBU urged, Privatbank refrained from repaying the refinancing, to guarantor Igor Kolomoyskyi and structures related to him, hoping to stimulate the process of repaying the debt of corporate borrowers to the bank.
The NBU announced dubious transactions in Privatbank (including insider lending) in the period before nationalization for $ 5.5 billion, when bank was under control of Igor Kolomoyskyi. Kolomoyskyi himself denied this information.
In 2018, the National Bank of Ukraine filed lawsuits against Igor Kolomoyskyi (as a guarantor) and 32 related companies — property guarantors for the recovery of about UAH 10 billion (on refinancing loans in 2008-2015).
Subsequently, the National Bank noted that the courts have already made 21 decisions in favor of NBU to recover mortgages on Privatbank's liabilities for UAH 1.2 billion, 18 of which have entered into force, and enforcement documents have been sent to the State Enforcement Service for enforcement implementation.
In January 2020, the NBU reported that the Supreme Court refused to satisfy his claim against one of Privatbank's guarantors for refinancing — Hajibey LLC (according to the NBU, this structure is related to I. Kolomoyskyi). The courts justified their position by assumption that the NBU should have collected collateral from Hajibey LLC only in case of impossibility to write off funds from Privatbank's bank accounts.