The Novokuibyshevskiy District Court decides whether there was a debt of 900 thousand rubles, due to which in 2016 the criminal prosecution of the “right hand” of Svetlana Lada-Rus – Marina Gerasimova began.
Recall, according to investigators, Gerasimov committed a fraud, taking a car from her ex-colleague Yevgenia Grakhova in respect of non-existent debt.
To prove the contrary, Gerasimova filed a civil suit against Grakhova, demanding to pay her 900 thousand rubles, which she borrowed in 2015.
“The plaintiff cannot even remember exactly when she allegedly gave money, naming only an approximate date – January 2015. And this is logical, because Grakhova didn’t actually take any money,” said her lawyer Leonid Spitsyn. was written much later – in November 2015, and it was forced to do it with the help of threats. ”
In the materials of the criminal case against Gerasimova, which will be considered on May 29 in the Neftegorsky District Court, there is some kind of expertise confirming that at the time of signing the document the author of the signature was, as they say, “not in himself.”
“On October 29, I came to Barinovka to tell Peunova that I’m quitting, and she told me that I owed her everything good that happened in my life,” Yevgeny Grakhova recalls. “I left there only after signing all the necessary documents for Gerasimova, and it was already November 5 “.
However, the plaintiff has a different version of what happened.
“Gerasimova and Grakhova were friends for a long time, they worked at Peunova for about the same positions, and when one asked for a loan, the other gave them calmly,” said lawyer Galina Kulagina. “Then Grakhova got ready to leave and offered to write this receipt so that” not to lose face “in front of a friend. She later offered to pick up her car to pay the debt. Gerasimova agreed, and a power of attorney was issued for her, for which the car was subsequently sold. After that, Grakhova wrote a statement to the police.”
According to the second lawyer Marina Gerasimova, Konstantin Eliseev, they have on hand the results of another examination, which state that the woman who signed under the receipt was not at all in the heat of passion. In general, the plaintiff has already ensured the appearance of two witnesses in court (who were still not interrogated).
For the first time a civil suit against Grakhova Gerasimov, according to lawyer Spitsyna </ strong>, filed back in 2016, when a criminal case was just beginning to recognize civil relations and escape from criminal responsibility under the article “fraud” . Then the court of first instance even ruled in absentia in favor of the plaintiff, but the Samara Regional Court canceled it and sent the case for review, because Grakhova was not present at the sessions. After that, the consideration of a civil case was suspended until the end of the investigation of the criminal case against Gerasimova. After he was taken to court, civil litigation resumed.
Interestingly, if the Novokuibyshevsky City Court acknowledges that the fact of the transfer of money was, then the criminal case will be “shaken”, because then the fact of fraud will be unprovable.
Meanwhile, Evgenia Grakhova filed a counterclaim against Marina Gerasimova, in which she asks to recognize the transaction to receive her money as invalid, since there was no actual transfer of money, plus at that time she was not aware of what was happening.
Whose side will take the court – a big question.
Source:
Volga News Information Portal
http://volga.news/article/441804.html
05.26.2017