of January 25, 2007 No. 4/550-7/68
About debt collection
(determination of Trial chamber on economic cases of the Supreme Court of Ukraine of 29.03.2007 it is refused to open production on review)
The Supreme Economic Court of Ukraine as a part of board of judges:
V. I. Derepa - chairman, Greek B.M., Stratiyenko L. V.,
with the assistance of plenipotentiaries:
the claimant - Black O.V.,
the defendant - Gorbunov S. O., Serednitsky V. M., having considered in open session the writ of appeal of JSC Lvovoblenergo on the decision of June 1, 2006 of economic court of the Lviv region on case N4/550-7/68 on the claim of JSC Kineskop to JSC Lvovoblenergo about debt collection in the amount 422021, of 27 UAH,
In March, 2006 the claimant appealed to economic court of the Lviv region with the claim to the defendant for collection of overpayment of cost of the consumed electric power in the amount 422021, of 27 UAH, within production of case N2/264 on bankruptcy of JSC Kineskop.
(Judge Bilous B. O.) the claim is satisfied with the decision of economic court of the Lviv region of June 1, 2006. Collect from the defendant for benefit of the claimant money in the amount 422021, of 27 UAH, court costs.
In the writ of appeal the defendant asks to cancel the specified judgment as accepted with violation of regulations of substantive and procedural law.
Having checked case papers and based on the actual circumstances established in it, having analysed correctness of application by economic court in case of acceptance of the appealed judgment of regulations of substantive and procedural law, the court considers that the writ of appeal is not subject to satisfaction for such reasons.
From case papers it is visible that determinations of economic court of the Lviv region of 07.09.1999 and of 02.12.1999 on case N2/264 on bankruptcy of JSC Kineskop, JSC Lvovoblenergo it is recognized as the creditor of JSC Kineskop with property requirements of total amount 2121132, of 40 UAH which constituted the cost of the consumed electric power.
As it is established by court, in the declared claim repayment of accounts payable was carried out by purchase and sale under exchange agreements of recreation facility "Snowdrop", the village of Vizhomlya, Yavorovsky district and boiler room of JSC Kineskop on Ulitsa Nadezhnaya, 2 g of Lviv, taking into account their cost to repayment of accounts payable.
Also, offset for the provided services was enlisted in repayment of accounts payable before JSC Lvovoblenergo.
According to the settlement reconciliation statement, carried out between JSC Kineskop and JSC Lvovoblenergo of 01.03.2006, the overpayment amount for the consumed electric power constitutes 422021, 27 UAH.
Making the decision, the local economic court correctly recognized groundless references of the defendant that alienation of recreation facility "Snowdrop" was performed before initiation of proceedings about bankruptcy of JSC Kineskop and therefore the claimant repeatedly addresses with the requirement which already was consideration subject of case N4/1058-13/128.
When considering the case, the Trial Court truly determined the fact that according to determination of economic court of 01.12.1999 the amount of creditor requirements in the amount of 2098503 UAH was established based on the judgment of 18.06.1996 on case N4/543 and according to the exchange contract N399/H/98 of 17.11.1998 payment for recreation facility "Snowdrop" is performed by repayment of accounts payable till 1998 therefore the amount of 530000 UAH is subject to transfer on account of repayment of accounts payable in the amount 2121132, of 40 UAH.
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