On October 2, the Economic Сourt of Kyiv refused to satisfy the application of the Guarantee Fund for security for claim against Mykola Lahun in case No.910/7338/19 on collecting UAH 691.3 million of “damage, caused to the legal entity by its official” (quote).
Delta Bank appears in this case as the third party.
The Deposit Guarantee Fund motivates the stated money claims by the damage, “caused to the bank by the decisions of the defendant on the increase of authorized capital due to the fictitious claims, withdrawal of funds as a result of the transaction of long-term repayment of subordinated debt to the company inspector of a defendant” (quote).
The Guarantee Fund asks the court to arrest the means of transport of M.Lahun (PORSCHE, LAND ROVER RANGE ROVER, BENTLEY CONTINENTAL GT), participatory interests in Bilhorod Vodokanal LLC and Bilhrad LLC, real estate (106 positions).
However, the court decided that “the plaintiff [the Deposit Guarantee Fund, - ed.] did not provide supporting evidence in the application on security for claim and did not prove with legal evidence, that failure to assume measures on security for claim in the form of arrest of the means of transport, participatory interests, land plots can significantly complicate or exclude enforcement of court decision or efficient protection or restoration of the violated or disputed rights or interests of the plaintiff, for protection of which he turned to the court” (quote).