Armavir paper mill recovered almost 203 million rubles under the loan agreement. with Armavir Tochmashpribor LLC, which is part of the Kuban Industrial Union group of companies. The debt arose as a result of a loan agreement that more than doubled due to interest and penalties. The defendant is part of a holding associated with a convicted businessman and former member of the board of directors of FC Kuban Oleg Mkrtchan. Experts believe that the paper mill’s chances of actually collecting the debt are low, since the debtor has filed for its own bankruptcy, and its parent company is already going through bankruptcy proceedings.
The Arbitration Court of the Krasnodar Territory satisfied the application of Armavir Paper Factory LLC to Armavir Tochmashpribor LLC for the recovery of 202.7 million rubles. As noted in the judicial act, the claims arose from a loan agreement concluded by the defendant in 2015 with the Russian Mining and Metallurgical Company. Loan in the amount of 100 million rubles. was issued at 20% per annum, the funds were to be returned before 2019. However, Armavir Tochmashpribor LLC did not return either the loan amount or interest, the document says, which became the reason for going to court. The rights of claim under the contract were resold and, as a result, in June 2022, they ended up at the Armavir paper mill.
In the process, Armavir Tochmashpribor made a statement about the falsification of documents, but then withdrew it. Having considered the case, the court considered the claim justified and recovered 75 million rubles from Armavir Tochmashpribor LLC. principal debt, which were actually transferred under the agreement, over 118 million rubles. interest for the use of other people’s funds and more than 9.5 million rubles. penalties.
As noted on the website of the Armavir Paper Mill, the company was registered in June 2020, under the brand name VIVO, it produces napkins, towels, toilet paper and handkerchiefs made of cellulose.
According to the data of the SPARK-Interfax system, Armavir Tochmashpribor LLC is part of the Industrial Union of Kuban LLC (ISK) group of companies. The authorized capital of the company is 22 million rubles. The company’s income at the end of 2021 is 2.4 million rubles. In November 2022, Armavir Tochmashpribor LLC asked the Arbitration Court of the Krasnodar Territory to declare itself bankrupt, the arbitration accepted the application for consideration.
The ISK group also includes LLC ISK-Invest, which from 2009 to 2016 was the main shareholder of NJSC FC Kuban and was controlled by Oleg Mkrtchan, the founder of the Ukrainian holding Industrial Union of Donbass, who was a member of the board of directors of the club. Kuban Industrial Union LLC was registered in Armavir in 2005. According to SPARK, ISK owns, in whole or in part, including indirectly, the shares and shares of 15 companies, including Armavirtochmashpribor, ISK Development Group, ISK-Invest.
At the beginning of 2021, the ISK was declared bankrupt, and bankruptcy proceedings are now underway against it. Last spring, Kommersant-Kuban reported that the bankruptcy trustee of the ISK tried to bring its founders, as well as the former head, Oleg Mkrtchan, to subsidiary liability, imputing to them the company’s debts in the amount of 12.2 billion rubles. At the same time, the founders have already been declared bankrupt. During the hostilities in the south-east of Ukraine, Mr. Mkrtchyan’s business suffered, and the businessman refused to finance FC Kuban. In 2019, a court in Moscow sentenced the businessman to nine years in prison, finding him guilty of embezzling more than 1 billion rubles. loans from Vnesheconombank allocated for the development of the corporation.
Obtain prompt comments from the parties on the case of recovering 202.7 million rubles from the subsidiary of the ISK. “Kommersant-Kuban” failed: the phones of the companies indicated in the public domain did not answer.
Evgenia Meshkova, a member of the Association of Lawyers of Russia, believes that in the event of the bankruptcy of Armavir Tochmashpribor, the prospects for the actual recovery of the sued 202 million rubles are minimal, including because bankruptcy proceedings are being conducted against its founder. Lawyer Maria Spiridonova points out that the amount of claims against the company significantly exceeds the amount of claims made by it, while the amount of current enforcement proceedings is significant.
Regarding the issue of falsification of evidence raised by the defendant during the process, the experts explain that the party that made such a statement, as a rule, waives it if it understands that when the court checks its validity, it will not be able to prove the relevant fact.
Anna Kononova, an expert at the Central District law firm, notes that until recently, the courts practically did not react to allegations of falsification from a criminal legal point of view and did not report their fate to law enforcement officers, but everything has changed since the beginning of 2022, when the Supreme Court courts to the obligation to send information on relevant applications to the investigating authorities.
