1. The subject of the dispute is the recovery from JSC “Oschadbank” in favor of an individual of the amount of the deposit, interest on the deposit, and 3% per annum for the delay in fulfilling the monetary obligation.
2. The court satisfied the claim, based on the fact that a bank deposit agreement was concluded between the individual and the bank, which is confirmed by the available documents, in particular, the agreement and the receipt for depositing funds. The court noted that the bank did not refute the fact of the conclusion of the agreement and the deposit of funds, and also did not provide evidence of the return of the deposit. The court also took into account that non-compliance by authorized bank employees with the requirements of legislation in the field of banking activities cannot indicate non-compliance by the parties with the written form of the agreement. Regarding the claim for recovery of 3% per annum, the court applied the provisions of Article 625 of the Civil Code of Ukraine, since after the depositor applied to the bank with a request to return the deposit, the contractual relationship was terminated, but the monetary obligation was not fulfilled by the bank. The court rejected the bank’s arguments regarding the application of the statute of limitations, citing the fact that the statute of limitations does not apply to the depositor’s demands for the issuance of the deposit.
3. The court decided to recover from Joint Stock Company “State Savings Bank of Ukraine” in favor of an individual the deposit, interest for using the deposit, and 3% per annum.
: The court stated in the decision that it deviates from previous conclusions regarding the application of legal norms set forth in the resolution of the Supreme Court as part of the panel of judges of the First Judicial Chamber of the Civil Cassation Court dated June 26, 2023 in case No. 306/1119/21 (proceedings No. 61-6392sv23) and the resolution of the Supreme Court as part of the panel of judges of the Third Judicial Chamber of the Civil Cassation Court dated December 22, 2023 in case No. 308/9488/21 (proceedings No. 61-11449sv23).
