The case is remarkable for the fact that the unjust enrichment arose as a result of the parties’ actions within a factoring matter where a debtor – in this case the retailer – is often compared to the third party of a contract. The respondent in the dispute was a big Russian credit company (TOP-15 Russian banks in terms of financial assets) – the most severe type of opponents within the cases of this category.
According to the ruling of Arbitration court of Moscow district it was found that the bank had sent to the debtor a wrong notice on the assigned supplies. The retailer transferred money to inappropriate creditor and the bank in its turn did not refund it referring to the terms of the contract with the supplier. Thus, the bank independently disposed the received money thereby violating the retailer’s rights who was not formally the party of the factoring contract.
KIAP attorneys managed to prove in court hearings that the bank acquired the property using the retailer funds with no sufficient legal grounds which led to unjust enrichment obligations.
The dispute was attended by the attorney at law Dmitry Kalinichenko.