The decision of the arbitral tribunal: "Trans Group" will not pay 22 million rubles
The Fifth Appellate Court found the fact of the contractual relationship between the "Plant-179" and "Trans Group"
The plaintiff, a "Plant-179" by cashless listed on the expense of the defendant, the company "Trans Group" cash in the amount of 20515120 rubles, payment orders. This was the basis for going to court to recover from the "Trans Group" unjust enrichment and interest on borrowed funds, in the amount of 2255432890 rubles.
In support of the stated requirements, the plaintiff pointed to the lack of a contractual relationship between the parties, and the fact that the goods, works or services specified as the base payment in the payment documents, the plaintiff is not carried out.
The Arbitration Court of Primorye decision of February 192013 granted by the plaintiff. Disagreeing in Sentencing Act, "Trans-group" has appealed his appeal.
Submitted to the Court of Appeal of materials it was found that between the plaintiff and defendant signed a contract on April 12011 to provide services for the device trenches for laying of 220 kV cables through the Eastern Bosphorus Strait, and the amount deposited to the account of "Trans Group" was payment under this agreement.
In the held May 272013 meeting, the Fifth Court of Arbitration Court of Appeals ruled the lower court decision to cancel the claim - to give up.
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