A resident of Odessa refuses to repay a loan of 31,823 hryvnias to Monobank. The court has made a decision regarding this case.

A man received a loan from Monobank for 25 thousand hryvnias. He is being asked to repay a debt amounting to 31,823 hryvnias, but he refuses, claiming that the loan agreement is unverified. This was stated in the decision of the Primorsky District Court of Odessa, published on December 23, 2024.

The joint-stock company "Universal Bank" filed a lawsuit against the man, requesting the court to recover his debt under the banking services agreement "Monobank" dated July 23, 2018, for the amount of 25 thousand hryvnias. He contests the bank's claims on the grounds that the application form he signed does not include the loan terms and other essential conditions of the agreement, and therefore the fact of lending is not confirmed. Additionally, it is impossible to ascertain whether a credit limit was indeed set for him and what its amount was. Furthermore, the documents provided do not substantiate his debt to the bank. Also, after making a payment into the bank account, the debt amount was accrued unjustifiably, as it was attributed to the repayment of interest that had not been agreed upon with him.

Case Review

The court found that on July 23, 2018, a loan agreement was concluded between the joint-stock company "Universal Bank" and the man by signing an application form for banking services, under the terms of which he received a loan of 25 thousand hryvnias in the form of an established credit limit on his current account, with a payment card being the special payment tool.

The bank fully fulfilled its obligations under the loan agreement dated July 23, 2018. However, the borrower did not properly fulfill his obligations, resulting in overdue debt. Thus, according to the debt calculation provided by the bank as of February 11, 2024, the defendant's debt amounts to 31,823 hryvnias, which constitutes the total outstanding balance on the provided loan.

What was the court's decision?

The court granted the claim. The man is to pay the joint-stock company "Universal Bank" the debt for the provided loan in the amount of 31,823 hryvnias.

"The defendant did not timely provide funds to the bank for the repayment of the loan debt, interest, and other expenses in accordance with the terms of the agreement (he failed to make the minimum monthly payments), which is reflected in the debt calculation under the agreement. Thus, in violation of the terms of the loan agreement, as well as Articles 509, 526, and 1054 of the Civil Code of Ukraine, the defendant did not fulfill his obligations under the specified agreement, violating the requirements of Article 629 of the Civil Code of Ukraine. Regarding the defendant's assertion about the inconsistency of the debt calculation, the court finds them unsubstantiated and concludes that the defendant has not provided the court with evidence that refutes both the fact of the loan being granted in the amount specified in the loan agreement and the size of the debt, which is a procedural obligation of the debtor. Furthermore, the defendant did not present a counter-calculation of the loan debt to support his position. According to the debt calculation, the citizen has a debt under the loan agreement as of February 11, 2024, amounting to 31,823 hryvnias," the court emphasized.