Subject of Dispute: Recovery of Debt under a Credit Agreement Concluded in 2007, from the Borrower and Guarantors.
Main Arguments of the Court: The Supreme Court established that the financial company “Dniprofinansgroup” did not lose its right of claim against the debtors, since on August 10, 2021, they entered into an additional agreement with the company “Bright Investment”, which excluded this specific credit agreement from the list of claims. The court emphasized that the replacement of the creditor does not change the essence of the obligation, and therefore the debtors must fulfill their obligations to the original creditor.
Court Decision: To cancel previous court decisions and refer the case for a new review to the court of first instance for a detailed examination of the circumstances and the amount of debt.
