Sergey Krutov
Chef, Nizhny Novgorod
Client in the case published on this page
“In the end, we won every single court case.”
Business contract dispute
Defended a consulting services provider against a RUB 700,000 refund claim
ООО «Прованс» (Provence LLC) demanded that our client, ИП Крутов Сергей Владимирович (sole proprietor Sergey Krutov), return RUB 700,000 already paid under a consulting services agreement. The customer alleged that the services had not been provided. We substantiated actual performance with correspondence, documents and materials delivered to the customer. The court dismissed the claim, and the result was upheld on appeal.
Situation
On October 15, 2021, ООО «Прованс» (Provence LLC) and ИП Крутов Сергей Владимирович (sole proprietor Sergey Krutov) entered into a consulting services agreement. The customer paid the service provider RUB 700,000.
Provence LLC later went to court seeking repayment of the entire amount as unjust enrichment. The claimant argued that the services covered by the agreement had not actually been provided.
The dispute therefore concerned the return of money already paid for services, rather than recovery of an unpaid fee.
Legal Task
Demonstrate that the consulting services had actually been performed, connect the RUB 700,000 payment to performance under the agreement and show that there were no grounds to recover that amount as unjust enrichment.
How the Work Proceeded
What We Did
- 01
Reviewed the consulting services agreement dated October 15, 2021 and the actual course of performance under the agreement.
- 02
Reconstructed the parties’ interactions and exchange of materials to show what work and results had been delivered to the customer.
- 03
Organized correspondence, documents and electronic materials, including WhatsApp messages and files shared through Yandex Disk, that supported actual performance of the services.
- 04
Presented this evidence to the court and argued that there were no grounds to require the service provider to return the RUB 700,000 already paid under the agreement.
Result
RUB 700,000
The RUB 700,000 refund claim was dismissed
The Commercial Court of the Republic of Khakassia (Арбитражный суд Республики Хакасия) dismissed Provence LLC’s claim seeking RUB 700,000 from sole proprietor Sergey Krutov in case No. А74-9465/2022.
The result was upheld on appeal.
The RUB 700,000 represents a recovery that was avoided. It was the amount the claimant sought to have returned, not new money received by the client as a result of the litigation.
Viktor Erofeev of Konsultant Law Firm represented the client in the matter.
Why This Case Matters
The key issue was not whether RUB 700,000 had been transferred, but whether the payment corresponded to actual performance under the consulting agreement.
Correspondence, documents and electronic materials delivered during the work helped demonstrate actual performance and defend the client against a claim seeking repayment of the entire fee.
Client
ИП Крутов Сергей Владимирович (sole proprietor Sergey Krutov)
Client role
defendant, consulting services provider
Claimant
ООО «Прованс» (Provence LLC)
Agreement
consulting services agreement dated October 15, 2021
Dispute
claim to recover RUB 700,000 as unjust enrichment
Court
Commercial Court of the Republic of Khakassia (Арбитражный суд Республики Хакасия)
Case
No. А74-9465/2022
Result
claim dismissed; result upheld on appeal
Lawyer
Viktor Erofeev
Practice Areas
Practices Related to This Case
CLIENT REVIEW
Video review by Sergey Krutov
Sergey Krutov talks about his experience working with Konsultant Law Firm on this case: how he chose a lawyer, how the remote work was organized and how the team accompanied the court proceedings.
Managing Partner, Konsultant Law Firm
Nikolay Nemkov
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