Can not return to the participant a payment for delivery of the guarantee which isn't corresponding to the Law N 44-FL

27 October 2015, Tuesday

The court refused to the participant return of the payment listed to bank for delivery of a guarantee. Earlier the customer refused to accept this guarantee because it doesn't correspond to the Law N 44-FL. 

Such decision was motivated following. The bank received money under the contract on providing the bank guarantee and issued it. Thereby he fulfilled the obligation according to this transaction properly. The contract wasn't recognized unconcluded and invalid. Therefore, the payment is received by bank legally.

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