“Guaranteed Buyer” was ordered to pay 65 million to the biogas company
16 August 20:11
The Kyiv Commercial Court has ruled to collect 65 million hryvnia in debt from the state-owned joint-stock company “Guaranteed Buyer” in favor of “Yuzefo-Mykolaiv BioGas Company” LLC. This is evidenced by a court ruling dated July 29, as reported by [Komersant] with reference to EP.
In late 2019, “Guaranteed Buyer” and “Yuzefo-Mykolaiv Biogas Company” (Vinnytsia Oblast, Khmilnytskyi District, village of Mykhailyn) entered into an agreement under which the state-owned enterprise undertook to purchase all electricity supplied by the private company at the “green” tariff.
According to the private company, “Guaranteed Buyer” did not pay the full amount for the electricity supplied from February 2022 through July 2022, resulting in an outstanding debt.
The court sided with the biogas company, noting in particular that the “Guaranteed Buyer” had not provided any evidence to substantiate the existence of force majeure circumstances.
The court also rejected the “Guaranteed Buyer’s” argument regarding the non-receipt of funds from “Ukrenergo,” stating that “the legal relationships arising under a contract for the sale and purchase of electricity at the ‘green’ tariff, and the legal relationships arising from a contract for the provision of services to increase the share of electricity generated from alternative energy sources, despite their interconnection, constitute separate obligations.”
As a result, Judge Oleksiy Spychak ordered JSC “Guaranteed Buyer” to pay 44.3 million UAH in principal debt, 3% annual interest amounting to 4.73 million UAH, and 16 million UAH in inflation-related losses.
The founders of “Yuzefo-Mykolaiv BioGas Company” are the Cypriot company “Prichur Liquid Gas,” Yevhen Lukashevych, and PJSC “Asset Management Company ‘Karpaty-Invest.’”
The listed beneficiaries are: Tetiana Zakharchenko (Germany), Leon Nikita Zakharchenko (Germany), Viktoria Kristina Zakharchenko (Germany), Polina Zakharchenko (Germany), Margarita Sofia Zakharchenko (Germany), and Valery Zakharchenko (registered in Cyprus, holds German citizenship).
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