The burden of proof of a loan lies with the lender. If the loan agreement no, the transfer of money must be proved in other appropriate documents.
In may-June of 2018 I, as a civil litigator, has represented the interests of the local borrower large sums of money.
Claims to my principal –K., stated that on 23 June 2015 between him and "Sommelier" was signed a loan agreement in the amount of 9 million 400 thousand rubles. The loan agreement was lost. The fact of transfer of money pointed out the payment order from the same day.
Subsequently, on 09 February 2017, LLC "Sommelier" conceded to their demands to return the debt to the plaintiff – G..In the statement of claim was required to collect from my client's 11 million 515 thousand 690 rubles. In support of the requirements of the statement of claim was accompanied by a copy of the payment order No. 1498 on transfer of money to the defendant.
As a civil litigator with the positive experience of the resolution of the dispute, at the hearing I gave convincing arguments to the absence of grounds for satisfaction of the claim.
First of all, I was brought to the attention of the court that the fact that the defendant received money locates only the copy of the bills dated 23 June 2015. By itself, this document, in the absence of the original loan agreement, does not speak about the presence of intent to establish loan commitments.
Arguments about the absence of grounds to satisfy the claim was supported by reference to articles of the civil and civil-procedural legislation, a practice the Supreme court in the cases in this category.
The judge of the Lefortovsky district court of Moscow with my arguments agreed, ruled in favor of the defendant. In the decision it indicated that in the absence of the original of the loan agreement, copies of payment orders is not enough to confirm the conclusion of the debt obligations.
04 June 2018, after consideration of case no 2-1491/2018, for the recovery of funds under agreement No. 11, the district court in the claim to my client refused.
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