Subject of Dispute: Invalidation of a Unilateral Legal Transaction – Statement of Set-off of Counterclaim Homogeneous Requirements.
Main Arguments of the Court:
1. In case No. 638/16545/20, the fact of the loan repayment due date for PERSON_2 before LLC “Lutsk Agrarian Company” was already established.
2. The supplementary agreement dated 26.12.2019 on extending the loan repayment period until 31.12.2032 was not accepted by the court in the previous case due to improper conduct by PERSON_2.
3. The principle of res judicata (finality of judicial decision) precludes repeated consideration of an already resolved dispute regarding loan repayment terms.
Court Decision: To cancel the appellate court resolution and uphold the first instance court’s decision to refuse invalidation of the legal transaction.
Note: The court deviated from previous practice regarding interpretation of judicial decision prejudiciality, emphasizing the priority of the principle of judicial decision finality.
