In the Volgograd region, the court rejected the claim for interest on the terminated loan
The company was unable to recover interest under a loan agreement concluded in 2011. Frolovsk city court of the Volgograd region completely refused to satisfy the claim for recovery of 99 663 rubles under Art. 395 of the Civil Code of the Russian Federation.
As explained in the joint press service of the courts of the region, the requirements are based on the transfer of claims. The loan agreement itself was terminated in 2013 by the decision of the Lublinsky District Court of Moscow, at the same time the principal debt in the amount of 872,438 rubles was recovered from the defendant.
An important circumstance was the timing of the transaction: the contract was signed in November 2011 – before the entry into force of Federal Law No. 42-FZ. According to the explanations of the resolution of the Plenum of the Armed Forces of the Russian Federation No. 7, the version of Art. 453 of the Civil Code of the Russian Federation, which was in force at the time of their conclusion, applies to such contracts. Under the old rules, the termination of the contract meant the termination of all obligations of the parties, including future interest for the use of the loan.
On this basis, the court concluded that there were no legal grounds for accruing and collecting interest. The decision has not yet entered into legal force.
