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
Defeated a RUB 700,000 refund claim against a consulting services provider
Provence LLC asked the court to order our client, sole proprietor Sergey Krutov, to return RUB 700,000 paid for consulting services. The customer argued that the services had not been provided. We represented the service provider and demonstrated that the work had been carried out, using correspondence, documents and files delivered to the customer. The court dismissed the refund claim, and the decision was upheld on appeal.
The essence of the dispute
On 15 October 2021, Provence LLC and sole proprietor Sergey Krutov concluded a consulting services agreement.
The customer paid RUB 700,000 under the agreement and later demanded the return of the entire amount as unjust enrichment, alleging that the services had not been provided.
The plaintiff’s position
Provence LLC demanded the return of RUB 700,000 already paid for consulting services, claiming that the services had not actually been provided.
What we proved
The dispute concerned a refund of money already paid under a consulting agreement, not an unpaid invoice. We reconstructed the work performed on the customer’s restaurant project and showed how the parties exchanged instructions, materials and results. Correspondence and files, including materials exchanged through WhatsApp and Yandex Disk, supported the client’s account of the work.
Evidence
The provision of services was confirmed by correspondence, documents and files delivered to the customer, including materials exchanged through WhatsApp and Yandex Disk.
Result in the first instance
The Commercial Court of the Republic of Khakassia (Арбитражный суд Республики Хакасия) dismissed the claim in case No. А74-9465/2022.
Result
RUB 700,000
The court dismissed the RUB 700,000 refund claim
The Commercial Court of the Republic of Khakassia dismissed Provence LLC’s claim in case No. А74-9465/2022. Our client did not have to return the RUB 700,000. The result was upheld on appeal. Viktor Erofeev represented the client for Konsultant Law Firm.
The refund claim against the client was dismissed in full.
Our role
Konsultant Law Firm represented the interests of sole proprietor Sergey Krutov, the defendant. The case was handled by Viktor Erofeev.
The work included reconstructing the actual performance of the agreement, analyzing the correspondence, documents and files delivered to the customer, and building a defense that confirmed the services had been provided.
Court
Commercial Court of the Republic of Khakassia (Арбитражный суд Республики Хакасия)
Case
No. А74-9465/2022
Plaintiff
Provence LLC (ООО «Прованс»)
Defendant / client
Sole proprietor Sergey Krutov (ИП Крутов Сергей Владимирович), service provider
Subject of the dispute
Claim for repayment of RUB 700,000 in consulting fees on grounds of alleged unjust enrichment
Basis of the relationship
Consulting services agreement of 15 October 2021
Representative
Viktor Erofeev
Result
The refund claim was dismissed; the decision was upheld on appeal
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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