Subject of Dispute: Recovery of Debt under a Real Estate Lease Agreement between JSC “VNDIANEN” and JSC “Nasosenergomash” for a total amount of 11,531,493.51 UAH.
Main Arguments of the Court:
1. The court drew attention to the fact that the defendant did not provide convincing evidence of the impossibility of fulfilling contractual obligations due to force majeure circumstances related to martial law.
2. The court examined the issue of the moratorium under CMU Resolution No. 187 but concluded that there are exceptions for the plaintiff, as the National Bank allowed expenditure transactions on its accounts.
3. The Supreme Court pointed out the need for a more detailed investigation of the case circumstances, particularly regarding the actual impossibility of fulfilling obligations and the timeliness of force majeure notification.
Court Decision: To cancel previous court decisions and refer the case for a new hearing to the court of first instance for additional examination of circumstances.
