Our team successfully defended the interests of co-founder of one of the leaders in the Russian business process automation services market in the long-term corporate dispute in Arbitrazh (Commercial) Court of Moscow.
The process was initiated by former business partner of our client, who was challenging the share payment agreement concluded in connection with the withdrawal of our client from the joint business, and was seeking the recovery of an alleged overpayment. The legal position of VIK LEGAL was to prove the incorrectness of the plaintiff's approaches to assessing the size of the share. Our lawyers consistently insisted that its calculations did not comply with the requirements of the law and were made without taking into account the real value of the company's properties. In addition, the defense included filing a counterclaim by the client against the company for the recovery of underpayment for the share, as well as for the return of loan financing provided to it earlier, interest for the use of these funds for the entire period and interest in connection with their unlawful withholding. The court of first Instance initially refused to accept counterclaims from loan relationships for consideration in the same case, but we were able to successfully challenge this decision on appeal.
During the proceedings, which lasted a year and a half, the plaintiff was forced to correct its position and, as a result, completely waived all monetary claims against our client. As to the counterclaim, the court agreed that there was an underpayment on the side of the company, and collected this along with legal interest, and fully satisfied all the claims for the loan relationships. The company decided not to appeal the decision and voluntarily paid our client everything due, including interest for the period after the decision was made.
28.08.2023