Subject of Dispute: Recovery from PrivatBank of 1,400,000 UAH in lease payments made under a financial leasing agreement that was terminated.
Key Court Arguments:
1. The financial leasing agreement is a mixed contract and includes elements of lease and sale.
2. Part of the lease payments is essentially a prepayment for property that was to be transferred to ownership.
3. After contract termination, the lessor loses the obligation to transfer property ownership, therefore the lessee has the right to demand return of paid funds.
Court Decision: Satisfy the claim and recover from PrivatBank in favor of LLC “Klaipeda Group” 1,400,000 UAH of paid lease payments.
Note: The court deviated from previous judicial practice, clearly explaining the mechanism of fund recovery upon termination of a financial leasing agreement.
