Our team represented the client in a dispute which arose out of the debtor’s intentional refusal to fulfill his existing and valid obligation to the creditor to repay the sum of 260’658,02 EUR.
At the request of the debtor, the client fulfilled the debtor’s obligation to pay the price of the object sold to the seller of real estate by bank transfer. In this way, the debtor acquired ownership of the real estate and the client became the debtor’s new creditor by law, but the debtor did not intend to repay. Defending himself against the client’s claim, the respondent submitted to the Vilnius Regional Court loan agreements and money repayment acts signed on the basis of these agreements, which allegedly indicate the return of money to the client. At the court hearing, the respondent explained that the money was not actually returned to the client because the client allegedly expressed a will to release the debtor from the obligation to return the money by signing the repayment acts submitted by the respondent.
However, the Vilnius Regional Court found that the loan relationship between the client and the respondent did not exist at all, as the money under the loan agreement was never transferred to the debtor and was not received by the debtor. What is more, no evidence was provided that the debtor returned the money to the client under the client’s right of recourse.
On the basis of these findings, the Vilnius Regional Court fully upheld the client’s claim by awarding 260’658,02 EUR plus interest.