CONSULTING
ADVANCED OFFICE
LOPmquCKAH KOHTOPA
Warsaw, April 28, 2017
District Court
For Wa Rszawy-Zoliborm:; F: f; l: l: 3; s: 5f3: 53 mm.
11 Civil Division (31711; i711;>.
Ul. Kociana 3 "(_, i",.
01-473 Warszawa 'W. '28 {US 2017' L ,!
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Reason: Aleksandr Suranovas
- i
and
l
Replaced:
advocate. Peter Karczewski
advocate Office
Ul Gwiaździsta 73 lok. 8
01-651 Warsaw
Defendant: Igor Pshenychnyi
ul. Petra jilemnicke 2813/6
Teplice 41401 Czech Republic
Passport No of Ukraine:
EE029129
The value of the dispute: 5000.00 zł
Charge from the claim: 250.00 zł
CLAIMED
For annulment and non-existence of the legal relation of power of attorney
And annulment and non-existence of the contract of sale
shares
Hereby, acting on behalf of the Reverend Aleksander Suranovas, a citizen of Lima
Passport number - Republic of Lithuania (power of attorney
Together with proof of payment of the stamp duty attached), based on the wording
Art. 189 of the Act of 17 November 1964 Code of Civil Procedure [hereinafter:
"K.p.c."] I ask about:
__ www.bdgconsultingpl
BDG CONSULTING
LiathEl "m" mmm ,?
014351 Warsaw
ul. Starry 7 A lok. 8
Rah-48 22 827-91-96 827-93-96
Fax "+48 22 827 41 32
E-mail: artlawg'ćxiipogztaim,
NIP: 672 ~ 173440-08

BPP

1) establishing the non-existence of the legal relationship of power of attorney derived from
A power of attorney dated 27 February 2017 by annulment
The above mentioned power of attorney
(Reason);

2) establishing the non-existence of a legal relationship between the Company and the Company
Recyclix Limited Liability Company with its registered office in Warsaw, al
Solidarity No. 115 lok. 2, 00-140 Warsaw, entered in the register of entrepreneurs
Run by the District Court for the capital city. Warsaw, XI] Business Department
Under KRS number 0000533282 (current copy from the National Court Register attached, hereinafter referred to as the "Company") by
Annulment of the aforementioned contract because of its conclusion without any
A legal title, but only by means of an invalid (forged) power of attorney from
February 27, 2017;

3) order the Defendant to pay the costs of the proceedings
According to the law of the law, including the stamp duty from the power of attorney in
The amount of 17 PLN and the cost of lawyer substitution;

4) admission of documentary evidence:

A) copy of counterfeit power of attorney dated 27 February 2017 and its legalization
With a copy of the sworn translation,
B] copy of the share purchase agreement of the Company dated March 1, 2017,

In the circumstances indicated in the explanatory memorandum, and in particular in the circumstances of the forfeiture

Signature of the Company on the mandate dated 27 February 2017 and

To use such a forged by the defendant before the antagonist

Kasperek - a notary in Warsaw and as a consequence of concluding the contract

Sale of the Company's shares on March 1, 2017,

5) evidence of the witness:

A] in - urgent to: U Priihonu 1588 / 11a, 170 00 Prague 7 -
Holeśovice, Czech Republic,

For the circumstances described in the explanatory memorandum, in particular the circumstances of the submission

Signature on the power of attorney on February 27, 2017, verification and method

Verifying the identity of the person signing the signature,

6) carry out (i) the water from the expert opinion of the graphologist for the examination
The letter of the Plaintiff, to determine that he is not the author of the signature under
By proxy dated February 27, 2017,

7) Taking evidence from the hearing of the Parties:
Al Absandor Śurangvasa - summons to the attorney's office,

B] Igor Pshenyghnyi - summons to address: ul Petra] ilemnickygo 2813/6, Teplice
41401 Czech Republic (the sole address known to the Reason),
For the circumstances described in the explanatory memorandum, and in particular for the circumstances of non-granting
Defendant of the Power of Attorney, (Note, my Principal does not speak Polish, a
2 out of 7

92%

Submission of forged authority to a notary in
Poland and the change of the Company's shareholder in the relevant register,

8) simultaneously on the basis of:

A) art. 730 § 1, 730 1 § 1 and 2 and 755 § 1 pt. 2 and 5 kpc I apply for security
Claimant's claim by setting a ban on the sale or charge
In any other way by the Shares in the Company as well
Establishing a ban on transfer or encumbrance in any other way
The Company's assets during the proceedings and the order
Entry of an appropriate ban on the sale of shares in the register books.

If the court hereby provides a guarantee of a claim in the aforementioned

I am requesting the delivery of a security order together with

Mention of the enforceability of Art. 743 §2 of the Code of Civil Procedure. From Article 755 § 1 2 and 5 kpc,

B) art. 730 § 1, 730 1 § 1 and 2 and 755 § 1 pt. 3 kpc I apply for security
Claimant's claim by suspension of registration proceedings by
Proper registry court. If such proceedings were commenced on time
Duration of proceedings.

If the court hereby provides a guarantee of a claim in the aforementioned

I am requesting the delivery of a security order together with

Mention of the enforceability of art. 743 §2 of the Code of Civil Procedure. From Article 755 § 1 3 kpc.
On Art. 187 § 1 pt. Reason 3 indicates that the nature of the request along with
Tactical circumstances from which the Defendant knowingly acquired in bad
Trust shares of the Company belonging to the Plaintiff - excludes mediation as well as extrajudicial
How to resolve the dispute, hence the Reason did not make such attempts.
What's more, in this situation, attempting to make any kind of mediation or
Out-of-court settlement of the dispute could result in the Defendant taking action
Attempt to sell the Company immediately, in such a way as to prevent
The reason for their recovery.
In view of the above, the present case contains conclusions appropriate to the circumstances
Securing your claim until the dispute is resolved through the courts.
The reason, at the same time, indicates that, in connection with the activities undertaken by
The defendant has made a reasonable notice of reasonable suspicion of committing
Offenses - for what, after giving adequate security possible
Civil road, consider suspension of proceedings until the time of settlement
Criminal proceedings.

3 out of 7

BPG
SUBSTANTIATION

1. Facts.
On March 1, 2017, a motion was filed by the District Court for the Capital City of Warsaw
Change of data in the register of entrepreneurs, including Change the hitherto
A shareholder of the Company from Aleksander Suranovas (Reason) on Igor Pshenychnya
(Defendant) and appeal from the Plaintiff's board. In connection with the submitted application,
The above mentioned changes were cbkonano.

evidence:

- Information corresponding to the current deduction from the register of entrepreneurs of 1

March 201711,

- Information corresponding to the current deduction from the register of entrepreneurs of

Make this notice.
The basis of the changes introduced to the register was submitted together with the aforementioned request
Share sale agreement concluded on 1 March 2017 in Warsaw (before
Notary Jarosław Kasperek). Under the agreement in question both on behalf of
The seller (the plaintiff) and the buyer (the defendant) - signed one person -
Defendant, who has a power of attorney granted to him purportedly by Plaintiff in
Presence of the notary notary - Petra Duda from the Jan Krut notary office in Prague.

evidence:

- a copy of the forged proxy and his legalization with a copy of the translation

sworn

- a copy of the Company's share purchase agreement
The plaintiff never authorized any Power of Attorney to
Conclusion of a contract for the sale of shares in the Company, which means that the document
The power of attorney was forged and then used to
Conclusion of a contract for sale of shares belonging to the claimant.
Notwithstanding the above, the Reason did not receive any payment for the sale
Its shares. It is obvious in consequence that the Defendant will not
He had any proof of payment for the shares of the Claimant.
2. Justification of the needle.
According to Art. 189 CPS The plaintiff may demand that the Court of First Instance establish or not exist
A legal or legal relationship where there is a legal interest in doing so.
It is clear from the established facts that the power of attorney which
Used Reason by a notary to conclude a share sale agreement was
counterfeit.

4 out of 7

PP.G
It is obvious that in view of the claimant's claim that he did not grant a power of attorney
The defendant - his signature on the mandate was filed by another person, therefore
Was forged.
In view of the fact that, as a result of the sale by the defendant of the sale of shares
Based on the forged proxy and then to submit in the appropriate
Registry of the request for change of data - changed the Company's shareholder to
Defendant - The plaintiff has a legal interest in the statement:

1) there is no relation of the power of attorney, and consequently;

2) there is no legal relationship between the Company and the Company.
According to the well-established view of the Supreme Court, "Legal interest
It should be understood broadly, as a need for a certainty of existence
A specific legal relationship or law, to ensure the cause of full protection
Legal about all the possible legal effects that are currently occurring
And what objectively may occur in the future as a consequence
Disputable legal or legal relationship "(Supreme Court ruling of July 2, 2015)
R., Signature. Act V CSK 640/14)
Supreme Court in the judgment of October 28, 2005 in the case of the no. Ll CK
174/05, stated that "the legal action taken for criminal purposes is invalid?
Similarly, in the present case, the use of the power of attorney document
Which reason did not sign his contract is a crime, what
It constitutes the non-existence of both the relationship between the defendant's right to enter into a contract
Sale of the Company's shares and consequently of the share sale agreement itself.
The contract of sale of the shares of 1 March 2017 concluded by the defendant is
Absolutely not valid within the meaning of art. 58 § 1 of the Civil Code, as the Defendant concluding it,
Consciously acted in a manner contrary to the applicable law. (See judgment of the Court of First Instance
District of Warsaw Praga - Południe in Warsaw of 4 November 2013, ref.
Act II C 1171/12)
The claim is justified in the circumstances and on the basis of the correct interpretation
Mentioned provisions. Action for determination under art. 189 kpc is wider
Scope of the matter than it is from the wording of this provision, since it is possible not
It is only silly to determine the existence or non-existence of a law or a legal relationship, but
Also request to declare or determine the invalidity of a legal action. So since then
Legal actions performed by the Defendant are invalid, there is no legal relationship,
Which they were supposed to call. (Cf. judgment of the Supreme Court of April 3, 2014, ref.
Act V CSK 300/13)
As art. 189 kcc should be regarded as an exclusive instrument of legal protection
In this regard, the claim formulated is to be regarded as fully justified.

5 out of 7

BPG
Justifying the claims to secure the claim, the whole of the circumstances should be considered
Indeed, above all the intention and purpose chosen by the Defendant in their use
A falsified power of attorney, ie use it before a notary with a purpose
Conclusion of the agreement to sell the shares of the Company's shares and finally,
Business registry. The effect of the change made to the registry then becomes
Possibility of further disposal by the defendant of the Company's shares - owned by
For the nullity of the share sale agreement - to the Claimant.
In particular, taking into account subsequent actions taken by the Defendant,
Underline that it is extremely important to immediately prevent it
Any further regulation of the Company's shares and also to prevent
Make further changes to the register - which will be possible by giving
The subject of security. Further disposal of the Company's shares by the Defendant,
A third party, who has no knowledge of the offense, would cause
The injured irreversible and negative effects.
Justifying the claims to secure the claim, the whole of the circumstances should be considered
Factual, perceiving the obviousness of the intention and purpose chosen by the Respondent, in
Keep in mind the sequence of activities undertaken by you, ie in the first
Order of making a power of attorney document, then use it before
A notary in order to conclude transfer of ownership of the Company's shares and finally,
Make changes in the register of entrepreneurs.
As a result of the change made to the registry, it is possible to continue
Disposal by the Defendant of shares of the Company which belong to the Company after all
The invalidity of the contract of sale of shares to the Claimant.
In particular taking into account just the next steps taken by
The defendant, the underline, demands that it is extremely important immediately
Prevent any further regulation of the Company's shares and also
Prevent further changes to the registry.
Dabze disposal of the Company's shares by the Defendant, eg a third party - not having
Knowledge of the crime, would cause irreversible damage to the victim
And negative effects.
The charge against the claim was calculated in accordance with Art. 19 kcc and in. With art. 13 of the Act of 28
July 2005 on court costs in civil cases in matters of property rights
A royalty fee of 5% of the subject matter of the dispute is charged
Object of appeal, however, not less than 30 zł and not more than 100.000.00 zł.
Jurisdiction of the court - was established in accordance with art. 28 kpc. Because of the place of stay
The defendant is not in Poland, the jurisdiction of the Court has been designated in the last place
The defendant's stay, as the contract of sale of shares was concluded before
Jarosław Kasperek, notary public in Warsaw leading notary office
627

H.P.G
At al Wojska Pobkiego 41 lok. 6 in Warsaw, competent to file an action
Is the local court
r.
Taking into account the above, I bring as the introduction. !
advocate. Pi tr Karczewski
.flv. _ _ "" "" "" "" ""
"Am", am

Attachments;
1) power of attorney together with proof of payment of stamp duty;
2) proof of payment of the fee from the claim
3] Information corresponding to the current deduction from the register of entrepreneurs of 1

March 201711;
4) lnformation corresponding to the current deduction from the register of entrepreneurs of

To draw up the present lawsuit;
5) copy of counterfeit power of attorney and his legalization with a copy of the translation

sworn;
6) copy of the contract of sale of the Company's shares;
7] a copy of the claim along with the attachments.

7 out of 7