1. The subject of the dispute was the recovery of debt under a credit agreement.
2. The Supreme Court dismissed the cassation appeal, upholding the decisions of the courts of previous instances to dismiss the application for review of the default judgment, as the defendant missed the deadline for filing such an application and did not provide valid reasons for its renewal. The court noted that the defendant was duly notified of the judicial process and received a copy of the default judgment, which refutes his claim of not knowing about the case. The court also emphasized that the institution of procedural deadlines is important for legal certainty and that the general provisions of the CPC of Ukraine regarding the consequences of missing procedural deadlines apply to the procedure of default proceedings. The court took into account that the defendant did not rebut the presumption of good faith performance by postal workers of their duties when delivering postal items. The Court departed from the conclusions formulated in the ruling of the Grand Chamber of the Supreme Court of November 9, 2021 in case No. 214/5505/16 (proceedings No. 14-74cs21), regarding the application of the provisions of Articles 126, 127 of the CPC of Ukraine in conjunction with Articles 284, 286, 287 of this Code.
3. The Supreme Court decided to dismiss the cassation appeal, and to leave the decisions of the previous instances unchanged regarding the part of dismissing the application for review of the default judgment.
