The court of first instance fully satisfied the claim, a Sputnik correspondent reported from the courtroom.
The plaintiff told the court that the parties signed a memorandum in December 2019 agreeing to conclude the main supply contract within two months. The Rostec structure made a $5.1 million security deposit. Since the main contract was not concluded, the deposit, which the plaintiff qualifies as a deposit, should be returned. Aviacapital-Service did not receive any consideration, and donation between legal entities is prohibited by law, the representative of the plaintiff stressed.
The defendant stated that the contract was not gratuitous, the plaintiff received a large package of favorable conditions. Thus, the buyer would have received the first planes in two years, and the discount reached 50% of the catalog price. In addition, redundancy of production facilities was guaranteed. The defendant noted that 'you cannot come and buy in the supermarket' these planes worth $300 million, you have to join the waiting list.
According to the representative of the defendant, there was no deposit, as the economic benefit has been received. The defendant also stated that the manufacturer was interested in this contract worth more than $2 billion and extended the memorandum twice, but the deal did not take place because Aeroflot refused to accept the aircraft.