Subject of Dispute: Recovery of 3% per annum and inflation losses for non-performance of a monetary obligation under a credit agreement.
Main Arguments of the Court:
1. The court recognized that the accrual of inflation losses and 3% per annum under Article 625 of the Civil Code of Ukraine is a measure of the debtor’s liability for delay in a monetary obligation, and not a fee for using the credit.
2. The court established that the right to recover such amounts arises for each month of delay in the monetary obligation until its elimination.
3. The Supreme Court partially satisfied the claims, reducing the amount of recovery due to the effect of paragraph 18 of the Transitional Provisions of the Civil Code of Ukraine regarding the period of martial law.
Court Decision: Partially satisfy the claim, recovering from the defendant 59,578.72 UAH of 3% per annum and 189,646.89 UAH of inflation losses for the period up to February 23, 2022.
