Here is the translation:
1. Subject of Dispute: Recovery by Export Credit Bank of Turkey JSC from Savvats LLC of debt in the amount of 323,502.90 US dollars for delivered goods through subrogation.
2. Main Arguments of the Court:
– The insurer has the right to recover the insurance compensation amount through subrogation in accordance with Turkish legislation
– The right of claim transfers to the insurer automatically after payment of insurance compensation
– It is necessary to verify the compliance of the insurance compensation amount with the actual debt under the contract
– The insurer’s claims are limited to the actually paid insurance compensation amount
3. Court Decision: Cancel the resolution of the appellate court and refer the case for a new review to further investigate the circumstances of the case.
Note: The court deviated from the previous position regarding automatic recovery of the full debt amount by the insurer.
