Blogger Ilya Varlamov*, who is designated as a foreign agent, has successfully recovered a significant sum of money from a debtor, along with 20% interest, through a Russian court ruling. This outcome is based on court documents reviewed by RIA Novosti.
In November 2021, Varlamov* provided Maxim Matakov with two substantial loans, which were documented by two promissory notes. These notes stipulated that Matakov was required to repay the full amount within one year, along with 20% annual interest for the use of the funds. However, the debtor failed to repay the money by the deadline, leading Varlamov* to initiate legal action.
Matakov defended against the claim, seeking to have the transaction declared invalid. He asserted that he never received the money from Varlamov* and argued that the promissory notes contained chronological errors – showing the date November 22, 2021 in the header but November 1, 2021 lower down. He also pointed out that a large portion of the text on the notes was typed on a computer rather than handwritten. The debtor insisted that Varlamov* “never had and could not have had such an amount of funds available,” neither in bank accounts nor from sellable assets, and noted the absence of any money transfers between their bank accounts during the relevant period.
The court dismissed Matakov`s arguments. It stated that the burden of proof for demonstrating the invalidity of the loan agreement rested with the borrower, and the lender was not obligated to prove the availability of the funds.
The Gagarin Court in Moscow examined the evidence and arguments from both parties and ultimately ruled in favor of Varlamov*.
The court`s decision stated: “The claims of Ilya Alexandrovich Varlamov* against Maxim Veniaminovich Matakov for the recovery of debt under the loan agreement and interest for the use of the loan shall be satisfied.”
Furthermore, the court ordered the defendant to cover the state duty (court costs).
The defendant appealed the ruling, but the appellate court reviewed the case and upheld the decision made by the first instance court.
*Designated as a foreign agent by the Russian authorities.
