The interregional commercial bank "Siberian Alliance" appealed to the Altai Regional Arbitration Court with a claim in recovery from the limited liability company "Seal" - the borrower and the closed joint stock company "Avtoinservis" (CJSC "AIS"; previously - "Ais" JSC) - guarantor - 480 000 rubles under the loan agreement of 07.27.94 68.
The decision from 30-31.03.95 recovered from the borrower 180 000 rubles. penalty and guarantor - 300 000 rubles. main debt.
The protest proposes a decision to change and recover 480,000 from Seal LLP in favor of the Siberian Alliance MKB. In the lawsuit against AIS, OJSC refuse.
Is the protest subject to satisfaction? The following circumstances of the case are known. Under the loan agreement of 07.27.94 68 ICB "Siberian Alliance" provided Seal LLP with a guarantee of Ais JSC a loan in the amount of 300,000 rubles. with a maturity date of 10/27/94.
In deciding to recover the amount of the loan that was not returned from the guarantor, the arbitral tribunal applied Article 367 of the Civil Code of the Russian Federation and Article 10 of the Federal Law "On the introduction of part one of the Civil Code of the Russian Federation".
In accordance with Article 208 of the Civil Code of the RSFSR, the guarantee is terminated if the creditor does not file a claim against the guarantor within three months from the date of the maturity date. This three-month period is preclusive, cannot be restored or extended.
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