Tronov filed a lawsuit against Luzhov to recover from him 3 million 300 thousand rubles, referring to the defendant’s failure to fulfill obligations to return the money arising from the loan agreement of December 9, 2003.
Luzhov did not admit the claim, stating that he had not received the money under the loan agreement, and filed a counterclaim for the recognition of this agreement not concluded. In support of the counterclaim, he indicated that he had signed the contract under the influence of deception on the part of Muftakhov.
The court established that a written, notarized loan agreement of December 9, 2003 was concluded between Tronov and Luzhov. According to him, Luzhov borrowed from Tronov a sum of money in rubles equivalent to 100 thousand US dollars at the rate of the Central Bank on the day of the conclusion of the contract, up to April 15, 2004 without interest. On the reverse side of the contract there is a record that the money in the amount of 3 million 300 thousand rubles, which is $ 100 thousand, was received by Luzhov. The fact of making this inscription Luzhov did not dispute. The respondent did not fulfill his obligation to return the debt.
The court established that the said loan agreement was concluded by Luzhov under the influence of another person - Muftakhova. The loan was obtained by Luzhov to introduce the invention of Muftakhov, a new device for analyzing the composition of water. Cash in the amount of the loan Tronov passed directly to Muftakhov, who, having received the money, did not register the invention, did not implement it in production, and fled from the city.
How should the matter be resolved?
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