Debt recovery
Prevented the debtor from reopening the RUB 3,938,309.80 judgment
Under a judgment dated October 5, 2022, ООО «БУРЫЙ» was ordered to pay IP Boykov RUB 3,938,309.80 in principal debt, penalties and court costs. In 2024, the debtor attempted to have that judgment reconsidered on the basis of newly discovered circumstances. The Commercial Court of the Krasnoyarsk Territory found that the circumstances relied upon did not qualify for such review and dismissed the application.
Situation
On October 5, 2022, the Commercial Court of the Krasnoyarsk Territory granted the claim brought by individual entrepreneur Alexey Boykov against ООО «БУРЫЙ» in case No. А33-17378/2022.
The original judgment awarded RUB 2,016,029.60 in principal debt, RUB 1,880,874.20 in penalties and RUB 41,406 in state filing fee expenses, for a total of RUB 3,938,309.80.
On July 12, 2024, ООО «БУРЫЙ» applied to the same court to reopen the judgment on the basis of newly discovered circumstances. The debtor sought cancellation of the October 5, 2022 judgment and a new examination of Boykov’s original claim.
In support of the application, ООО «БУРЫЙ» relied in part on circumstances from another court case and attempted to call into question the volume of services previously provided by Boykov.
Legal Task
Defend the earlier judgment obtained for Boykov against the attempted reopening and demonstrate that the circumstances relied upon by ООО «БУРЫЙ» did not meet the legal criteria for newly discovered circumstances.
How the Work Proceeded
What We Did
- 01
Reviewed ООО «БУРЫЙ»’s application to reopen the October 5, 2022 judgment and the documents relied upon as alleged newly discovered circumstances.
- 02
Distinguished newly submitted evidence from circumstances capable of supporting the special procedure for reopening a judgment that had already entered into legal force.
- 03
Presented primary documents supporting the provision of services, including agreements and applications, acceptance documents and calculations, and argued that the debtor’s conclusions about non-performance were not established by the case materials.
- 04
Represented Boykov during the review proceedings and opposed cancellation of the earlier debt-recovery judgment.
Result
The court refused to reopen the judgment at ООО «БУРЫЙ»’s request
On November 1, 2024, the Commercial Court of the Krasnoyarsk Territory in case No. А33-17378/2022 dismissed ООО «БУРЫЙ»’s application to reopen the October 5, 2022 judgment on the basis of newly discovered circumstances.
The court concluded that the circumstances relied upon by the debtor did not qualify as newly discovered circumstances and could not support reopening under that procedure.
The court also found that ООО «БУРЫЙ»’s conclusion that Boykov had not provided the services in the claimed volume was speculative and was not established by the documents.
The November 1, 2024 order was not a new award of RUB 3,938,309.80. That amount belongs to the original October 5, 2022 judgment, which was not cancelled as a result of ООО «БУРЫЙ»’s review application. The materials of this case do not confirm that the client actually received the entire RUB 3,938,309.80. Viktor Erofeev of Konsultant Law Firm represented Boykov.
Why refusal to reopen the case was not a new monetary award
In 2024, the court did not retry Boykov’s original claim and did not award RUB 3,938,309.80 a second time. The subject of the proceedings was the debtor’s separate application to reopen an existing judgment.
The result of this stage was that the court found no legally sufficient newly discovered circumstances and dismissed ООО «БУРЫЙ»’s review application.
RUB 3,938,309.80 was the amount of the original judgment
RUB 2,016,029.60 — principal debt awarded by the October 5, 2022 judgment.
RUB 1,880,874.20 — penalties awarded by the same judgment.
RUB 41,406 — state filing fee expenses awarded by the original judgment.
The combined RUB 3,938,309.80 was not a new amount awarded by the November 1, 2024 order and does not establish that the client actually received the entire amount.
Why This Case Matters
The procedure for reopening a judgment on the basis of newly discovered circumstances is not intended to retry a resolved dispute merely because a party later obtains additional evidence or reassesses facts that were already relevant to the original case.
Here, the debtor attempted to rely on circumstances from another court dispute to reopen the 2022 judgment, but the court did not recognise them as newly discovered circumstances and refused to set aside the earlier judgment through that procedure.
The case was handled on the Konsultant Law Firm side by Viktor Erofeev
The interests of ИП Бойков when the application for review was considered were represented by lawyer Viktor Erofeev of Konsultant Law Firm.
He took part in the court hearing under a power of attorney from the client.
The continuation of the debt story
This dispute is connected with another stage of the work on the debt of ООО «БУРЫЙ».
After bankruptcy proceedings were opened, ИП Бойков’s claim for RUB 3,938,309.80 was admitted in the third priority of the register of creditors’ claims.
This stage is reflected in a separate case of Konsultant Law Firm.
View the case on the inclusion of RUB 3.94 million in the creditors’ register →Client
Individual entrepreneur Alexey Boykov
Client role
claimant in the original proceedings; party in whose favour the original judgment was entered
Applicant for review
ООО «БУРЫЙ»
Subject of this procedural stage
reopening of the judgment on the basis of newly discovered circumstances
Original judgment
October 5, 2022
Principal under original judgment
RUB 2,016,029.60
Penalties under original judgment
RUB 1,880,874.20
Court costs under original judgment
RUB 41,406
Total under original judgment
RUB 3,938,309.80
Review application filed
July 12, 2024
Review application accepted
July 16, 2024
Relief sought by debtor
cancellation of the October 5, 2022 judgment and reconsideration of Boykov’s original claim
Court
Commercial Court of the Krasnoyarsk Territory
Case
No. А33-17378/2022
Review order date
November 1, 2024
Operative part
November 1, 2024
Full order
November 1, 2024
Balance of the debt according to the bailiff certificate as of 09.01.2024
RUB 2,759,706.02
Result
application for reopening on newly discovered circumstances dismissed
Original judgment cancelled
no
New RUB 3,938,309.80 award
no
Actual receipt of RUB 3,938,309.80
not confirmed
Appeal from review order
not confirmed
Lawyer
Viktor Erofeev
Practice Areas
Practices Related to This Case
Managing Partner, Konsultant Law Firm
Nikolay Nemkov
Is the opposing party trying to reopen an existing judgment?
We will review the original judgment, the review application, the alleged new or newly discovered circumstances and the supporting documents to determine the procedural position and protect the result of the earlier litigation.