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RESOLUTION OF THE SUPREME ECONOMIC COURT OF UKRAINE

of May 17, 2007

About money recovery

(determination of Trial chamber on economic cases of the Supreme Court of Ukraine of 12.07.2007 it is refused to open production on review)

Case No. 21/203-06

NAME OF UKRAINE

The highest economic to court of Ukraine as a part of board of judges: K. V. Greyts - the chairman, S. V. Bakulina, O. V. Muravyev

having considered the writ of appeal of Private agricultural enterprise of Agrofirmi Russia

on determination of 22.02.2007

Dnipropetrovsk Economic Court of Appeal

in the matter of economic court of the Dnipropetrovsk N21/203-06 region

in the claim of Private agricultural enterprise of Russia Agricultural firm

to Optimus LLC

3rd person without independent requirements - Ukrainian industrial bank LLC on behalf of the Zaporizhia branch

about collection 1002862, 22 UAH.

with the assistance of representatives:

- the claimant - Kiyan M. V.

- the defendant - Chumakova N. E.

- 3-and persons - Polyakova O. E.

ESTABLISHED:

The decision of board of judges of economic court of the Dnipropetrovsk region of 14.11.2006 (as a part of the chief judge Almazova I. V., Melnichenko I. F. judges., Parkhomenko N. V.) to Optimus LLC with the assistance of the third party without independent requirements of Ukrainian Industrial Bank LLC on behalf of the Zaporizhia branch about collection 1002862, 22 UAH for failure to pay products under the contract N18-364/05 are refused of 20.12.2005 satisfaction of claims of Private agricultural enterprise of Russia Agricultural firm.

The decision is motivated that the claimant does not provide indisputable proofs of fault of the defendant about failure to pay products received from the claimant, instead the defendant fact in evidence of money transfer into the account opened addressed to the claimant.

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