Subject of Dispute: Bank’s Return of Full Amount of Funds after Cancellation of International Money Transfer.
Main Arguments of the Court:
The court established that the bank did not provide sufficient evidence of the lawfulness of withholding part of the funds. In particular, the bank did not explain the reasons for currency conversion and did not provide primary documents on the movement of funds. Since the legal relationship is a consumer one, the court interprets doubts in favor of the client. The bank, as a professional market participant, is obligated to clearly explain all details of the financial transaction.
Court Decision: The Supreme Court satisfied the client’s cassation appeal, canceled the decision of the appellate court, and upheld the district court’s decision to recover 303,936.26 UAH of unjustifiably withheld funds from PrivatBank in favor of the client.
