JSC RZD Business Active (the claimant) made a claim against LLC Randar (the defendant) for RUB 18,996,000 and USD 172,550 (damages) and USD 152,500 (unjust enrichment). The Court of first instance found in favour of the claimant. The defendant appealed.

Held: The appeal is dismissed.

The claimant and the defendant entered into an agreement to organise carriage of the containers. The claimant transferred the containers to the defendant. The defendant failed to return them after the contractual term expired. The claimant also argued that the defendant transferred the containers to a third party, thereby breaching the contract. The defendant argued that the containers were situated in Türkiye and could not be returned to the claimant because the claimant refused to pay for their return transport. The defendant was not unjustly enriched, as it did not use the containers after the contractual period.

The burden of proof should be allocated in accordance with statutes and stipulated presumptions. The Court found that the defendant, in contradiction to the terms of the contract, provided some containers to the third party. This was confirmed by the bills of lading.

Under art 142 of the Merchant Shipping Code of Russia, the carrier is obliged, on the shipper's request, to issue a bill of lading after the goods are accepted for carriage. Under art 144(1)(6), the bill of lading includes data identifying the cargo, such as the cargo name, marks indicating that the cargo is dangerous, other special characteristics of the cargo, the number of places, cargo weight, and other identifying details of the cargo. Therefore, the bills of lading are proper evidence to prove that the containers were used by a third party.

On the basis of the bills of lading and other evidence, the Court of first instance correctly found that the defendant breached the contract, and therefore is liable for damages and unjust enrichment.