Recall that in 2021 Sberbank Factoring, one of the retailer’s largest creditors, filed a lawsuit with a demand to bring to pay off the debts of Yulmart its beneficiaries Dmitry Kostygin and August Meyer, as well as companies related to them. However, the court of first instance and the appeal took the side of the debtors, and the cassation returned the case for a new trial. Later, another creditor of the company, VTB Factoring, made a similar statement, and both statements were combined into one proceeding.
The creditors’ arguments generally boiled down to the fact that the beneficiaries of Ulmart knew about the deteriorating financial situation of the retailer, and, accordingly, could foresee that the company would not be able to pay off its debts. In addition, they could have prevented the collapse of Ulmart, but instead led the company to bankruptcy.
However, having re-examined the evidence presented, the court found these arguments untenable. According to the court, the bankruptcy of the retailer was caused by objective external factors, “and not as a result of the actions or omissions of the defendants.” However, the decision of the court can still be appealed.
