
Legal Alliance returns $2.4 mln to Client for goods transferred to commission
Legal Alliance Law Firm has successfully defended the interests of SOE Luch Design Bureau (Kyiv-based) in a dispute over a $2.4 million debt recovery.
The Client handed over its goods to a non-resident buyer on a commission over 10 years ago. Despite the further sale of the goods by the commission agent, the Client did not receive funds for it in full.
We consolidated the success of the first instance during the case consideration by the Court of Appeal. In the appeal proceedings we proved that the commission agent had to pay off our Client.
Thus, the commission agent has repeatedly changed its stance on the lack of transfers to our Client. In particular, the agent's arguments ranged from receiving poor quality goods from the Client and absence of commitments to return the goods for repair to Ukraine to a general denial of receiving payment for the goods from the own buyer.
Our attorneys-at-law were able to obtain evidence from the court that the commission agent had received funds from the buyer. Meanwhile, the commission agent provided a lot of documents aimed at slowing down the judicial process and discrediting the Client's stance.
We managed to convince the courts of both instances that the documents provided by the commission agent do not relate to the facts of the case, and the information indicated cannot be considered reliable. Legal Alliance has proved in court that the probability of such evidence is less than that provided by the Client.
According to the results of the case consideration in the appeal, we were able to confirm the legality of the ruling on the violation of the Client's rights.
Partner Vitalii Savchuk along with Attorneys-at-law Yaroslav Furiaka and Roman Pecheniuk have worked on the project.