The Commercial Court of the city ofKievmade a judgment in the year 2010 ordering TV-TRANS LLC to pay Verhoeven Holding Uden B.V. 9,899,916.00 UAH due to the latter’s withdrawal from the company. Withdrawal amount was fixed of a real (market) value of the defendant’s assets, not of balance value, decreased on its obligations on a date of the claimant’s exit.

Being disagreed, the defendant submitted an appeal complaint and stated in its process that uncounted obligations was found out on a date of the claimant’s exit 31.12.2006. The defendant changed its balance figures as of 31.12.2006 what, on its mind, must have decreased amount due. It submitted a changed balance to a court. An additional economic forensic examination was executed by lawyers’ solicitation in the case and it reported that changes to the balance as of 31.12.2006 are not confirmed with documents and are in contradiction to accounting rules and standards. 5 forensic examinations were executed in the case for the period since 2008. The Kyiv Commercial Court of Appeal confirmed a first instance’s decree in result.

Although a freezing order issued to ban the sale of defendant’s real property was revoked by court of appeal what means in fact permission on sale of property without recovery of any debt. A cassation complaint was drafted against that revocation by the Law Offices lawyer to guarantee court decree enforcement.