Collectors demanded 112 thousand UAH for loans: how the position of the Grand Chamber of the Supreme Court helped reduce the debt to 49 thousand

The Bohunskyi District Court of Zhytomyr considered a civil case filed by an LLC against a borrower to recover debt under five loan and loan agreements. The financial company requested to recover 111,976.18 UAH of debt, the claim rights for which were acquired based on factoring agreements.

Essence of the case

The plaintiff stated that in 2021 the borrower concluded five loan and loan agreements with various financial institutions. These include loan agreements No. 181281043 dated February 9, 2021, No. 01532-02/2021 dated February 3, 2021, No. 2920312042/631322 dated February 10, 2021, as well as loan agreements No. 3176252 dated January 14, 2021, and No. 2-39391 dated March 26, 2021. According to the plaintiff, the borrower failed to fulfill obligations to repay the funds and pay interest, resulting in debt.

The plaintiff claimed that the borrower did not properly fulfill the obligations to repay the received loan funds and pay interest, which led to a total debt of 111,976.18 UAH.

The plaintiff also referred to the fact that the original creditors, based on factoring agreements, assigned the rights of claim under these agreements to him. To confirm this, factoring agreements, acceptance-transfer acts of debtor registers, and extracts from the relevant registers were attached to the case materials.

The defendant's representative objected to the satisfaction of the claim, stating that the plaintiff did not prove the grounds for filing the claim and did not properly confirm the violation of his rights.

Court's position

The court established the fact of concluding loan and loan agreements, as well as the transfer of the right of claim to LLC "FC "European Debt Recovery Agency" under factoring agreements.

At the same time, the court referred to the provisions of Articles 251, 252, 530, and 631 of the Civil Code of Ukraine, which regulate the terms of performance of obligations and the term of the agreement.

The court noted that the parties to the loan agreement have the right to determine the loan term during which the borrower is obliged to repay the loan and pay interest, and the lender has the right to charge interest for the use of funds.

At the same time, the lender's right to charge contractual interest ceases after the expiration of the loan term established by the agreement or after the presentation of a claim in accordance with part two of Article 1050 of the Civil Code of Ukraine.

When resolving the dispute, the court took into account the legal conclusions of the Grand Chamber of the Supreme Court set out in rulings dated March 28, 2018, in case No. 444/9519/12 and October 31, 2018, in case No. 202/4494/16-c, according to which after the expiration of the loan term, the lender loses the right to charge contractual interest.

In view of this, the court independently calculated interest for each agreement exclusively within the loan term defined by the parties.

For loan agreement No. 181281043 dated February 9, 2021, the amount of interest was determined to be 2,932.50 UAH instead of the claimed 17,616.66 UAH.

For loan agreement No. 3176252 dated January 14, 2021, the court determined the amount of interest at 7,462.50 UAH instead of the claimed 29,770.62 UAH.

For loan agreement No. 2-39391 dated March 26, 2021, the court recognized interest in the amount of 2,160 UAH instead of 8,512 UAH as justified.

For loan agreement No. 01532-02/2021 dated February 3, 2021, the amount of interest was determined to be 3,262.50 UAH instead of 13,387.50 UAH.

For loan agreement No. 2920312042/631322 dated February 10, 2021, the court recognized interest in the amount of 2,940 UAH instead of 11,940 UAH as justified.

Court decision

The Bohunskyi District Court of Zhytomyr in case No. 295/15530/25 concluded to partially satisfy the claim.

The court ordered to recover from the borrower in favor of LLC "FC "European Debt Recovery Agency" the debt under loan agreement No. 181281043 in the amount of 8,681.90 UAH, under loan agreement No. 3176252 — 19,962.50 UAH, under loan agreement No. 2-39391 — 6,160 UAH, under loan agreement No. 01532-02/2021 — 7,762.50 UAH, and under loan agreement No. 2920312042/631322 — 6,940 UAH.

The total amount of recovered debt amounted to 49,506.90 UAH instead of the claimed 111,976.18 UAH.

In addition, the court recovered from the defendant in favor of the plaintiff court fees in the amount of 1,338.74 UAH. The court dismissed the rest of the claims.

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