“In 2019, the military man received a loan from Monobank in the amount of 80 thousand hryvnias, but was unable to fulfill the terms of the contract, which resulted in a debt of 79,945 hryvnias. As a result, Monobank filed a lawsuit with the demand to collect interest on the loan from the husband. The court made a decision to partially satisfy the lawsuit, says the decision of the Darnytskyi District Court”, — write on: ua.news
In 2019, the military man received a loan from Monobank in the amount of 80 thousand hryvnias, but was unable to fulfill the terms of the contract, which resulted in a debt of 79,945 hryvnias. As a result, Monobank filed a lawsuit with the demand to collect interest on the loan from the husband.
The court decided to partially satisfy the lawsuit, according to the decision of the Darnytsky District Court of Kyiv in case No. 753/3547/23.
The military said that the questionnaire-application did not specify the terms for periodic payments, therefore the deadline for fulfilling the obligations had not arrived. In addition, he noted that the bank did not take into account partial payments in the amount of 14,500 hryvnias, while 39,984 hryvnias were debited from his account. In addition, he stated in the response that the bank illegally debited a court fee in the amount of UAH 2,684 from his account, since such a court fee can be collected only by a court decision.
The military also emphasized that he is in the service, and therefore benefits apply to him. According to the court’s decision, the man admitted the debt in the amount of 28,145 hryvnias. The court partially satisfied the lawsuit, refusing the bank to charge interest on the loan, since the man was drafted into the Armed Forces on September 20, 2022. The court recognized the write-off of 4,747 hryvnias of interest as unlawful and determined that the man must return 60,698 hryvnias to the bank.
The court’s decision reads: In accordance with clause 15 of Article 14 of the Law “On Social and Legal Protection of Servicemen and Members of Their Families”, servicemen called up for military service during mobilization, for a special period, for the entire duration of their service, and servicemen during actions of a special period, which took or are participating in the implementation of measures to ensure national security and defense, repel and deter armed aggression of the Russian Federation in the Donetsk and Luhansk regions, ensuring their implementation, who were or are directly in the districts and during the implementation of the specified measures, – fines, fines for non-fulfillment of obligations to enterprises, institutions and organizations of all forms of ownership, including banks , and natural persons, as well as interest for the use of credit is not accrued, except for credit agreements for the purchase of property that is or will be assigned to the objects of the housing fund (residential building, apartment, future real estate object, object of unfinished residential construction, property rights to them), and/or car.
Therefore, taking into account the established circumstances, taking into account the fact that the defendant is called up to the Armed Forces of Ukraine from September 20, 2022, the bank should not charge him interest for using the loan, since he was covered by the benefits provided for in Clause 15 of Article 14 of the Law of Ukraine “On Social and legal protection of servicemen and their family members”.
A similar legal position is set forth in the Supreme Court ruling dated January 18, 2023 in case No. 642/548/21.
In the response to the response, the plaintiff did not state any objections to what was stated and did not deny the defendant’s availability of benefits according to the specified norm of the law from September 20, 2022.
Therefore, in view of the extension to the defendant of benefits established by clause 15 of article 14 of the Law of Ukraine “On social and legal protection of military personnel and members of their families”, the plaintiff was unlawfully debited from his account interest for using the loan in the total amount of UAH 4,747.58.
Also, the court does not agree with the plaintiff’s arguments regarding the legality of deducting from the defendant’s account the court fee for filing this lawsuit in the amount of UAH 2,684, since the amount of the court fee and the order of its distribution among the participants in the case is determined solely by the court’s decision, which is adopted as a result of the consideration of the dispute . At the same time, the court, in accordance with the provisions of Article 141 of the Civil Code of Ukraine, takes into account the amount of satisfied claims, as well as the circumstances that exempt certain persons from paying court costs. In addition, the plaintiff has the right to receive court costs from the defendant only after the court decision has entered into force, which, among other things, has allocated such court costs.