Subject of Dispute: Review of a Court Decision Based on Newly Discovered Circumstances in a Case Concerning Debt Recovery under a Credit Agreement.
Main Arguments of the Court: The Supreme Court established that the district court decision of June 13, 2014, regarding the claims against PERSON_2 was not modified by the appellate court, therefore, the application for review based on newly discovered circumstances was filed correctly. The appellate court prematurely closed the proceedings, without taking into account that there are two court decisions concerning the same credit agreement, which effectively lead to double recovery of debt.
Court Decision: The Supreme Court partially satisfied the cassation appeal, revoked the appellate court’s resolution, and referred the case for a new review.