Jakarta, June 2023. Leks&Co, an Indonesian law firm, a member of Primerus, has successfully defended its client, PT Pembangunan Deltamas on a cassation. The panel of judges considered that the considerations of judex facti of High Court of Bandung nullifying the decision by the District Court was justified. The judex juris said that the legal relationship between the seller and buyer was based on the conditional sale and purchase agreement by using the loan facility from the bank. The defendant did not perform its obligation to the bank to repay the loan facility. As a consequence, the loan was subsequently subrogated to the claimant (i.e., developer). The claimant has become the assignee over the receivable and after demanded for three times, the defendant was still defaulted its obligation.
Eddy M. Leks, the Managing Partner of Leks&Co, says, “We are grateful for this victory. Considerations by the judges emphasize the validity of subrogation of loan facility back to the real estate developer company which then gives the developer its right to claim the debtor over his or her previous obligation to the bank which has now become the receivable to the developer.”
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