Kyiv Appeal Economic Court has cancelled the decision of Economic court of capital’s region. It was done in the case of the lawsuit filed by Ukrsotsbank on the collection of 121,800,000 UAH, the arrest was made within the amount of the claim for the defendant’s funds: OJSC Non-Ferrous Metals Processing Plant LLC Kiev Trade House Plant for Processing Non-Ferrous Metals, LLC Torgovy Dom Artemovsky plant for the processing of non-ferrous metals »(RF, Moscow region, Podolsk). Finbalance agency has reported about this.
According to judicial materials the claims are explained by ‘Ukrsotsbank’ with the debt of JSC ‘Plant for the processing of non-ferrous metals’ under a loan agreement, guarantors for which were two other enterprises. Among the other, plaintiff has appointed that this Joint Stock Company is the participant of litigation in disputes on the recovery from him of significant amounts in favor of other creditors. In particular this is about on the case of the suit of ‘Prominvestbank’ for 161600000 UAH ($6 009 669.02).
The Board of the Kyiv Court of Appeal didn’t agree with such an argument, noticed, that ‘the fact of the initiation of legal proceedings against the defendant on the claims of various legal entities doesn’t show that it is in difficult financial situation. This means that it doesn’t have sufficient funds to fulfill its obligations, nor that these claims will be satisfied, nor that the defendant, even if all claims have been satisfied, including this one, will not be able to comply with court decisions
Otherwise, the Court noticed that except sureties the promissory notes of JSC ‘Plant for processing non-ferrous metals’ are provided by Mortgage and collateral, in particular, movable, immovable property and property rights under a contract between JSC and ‘Kiomenta Traiding LTD’.
According to data from official sources, at the end of 2016 the owners of 38.1% of the shares in JSC ‘Plant for processing non-ferrous metals’ was CJSC ’Ukrpodshipnik’. The final beneficiaries are Klyuevy brothers.