However, the local and appellate courts satisfied the claims. They indicated that the presence of a receipt at the creditor indicates that the borrower did not return the debt.

Yes, Art. 545 of the Civil Code of Ukraine stipulates that the presence of a debt document at the debtor confirms the fulfillment of his duty. This article stipulates that upon acceptance of the obligation, the creditor must, at the request of the debtor, issue him a receipt for partial fulfillment of the obligation in full. In case of refusal of the creditor to return a debt document or to issue a receipt, the debtor has the right to delay execution of the obligation.

 The court of cassation agreed with this conclusion of the courts.

In support of its position, the Supreme Court recalled that Art. 59 of the Civil Code of Ukraine in ed. 2004 sets the circumstances that can only be confirmed by relevant evidence. The fact of the fulfillment of the obligation under the loan agreement, in this case, can not be proved by means of explanations of the party and testimony of the witness (the decree of the CPC of the Sun dated July 18, 2018 in the case No. 143/280/17).