The bankrupt company, previously owned by Russian Internet Ombudsman Dmitry Marinichev, through the efforts of its external manager, managed to recover the full amount of the multi-million dollar contract and a penalty from the German company for the failed project for supplying mining chips.
As CNews found out, the bankrupt company of the Internet ombudsman
Dmitry Marinichev Radius Group managed to collect 3.85 million euros from the German company Logimex System GmbH in Russian jurisdiction. At the time of the publication of the operative decision of the Moscow Arbitration Court on March 29, 2022, at the Central Bank rate, this amount was equivalent to 395 million rubles, by the time the court decision was made in full on June 14, the rate has changed a lot, and now at the Central Bank rate, the amount of recovery is equivalent to 228 million rubles.
Judging by the official website of Logimex System GmbH, which is in a somewhat strange state, the company operates in the areas of logistics, oil refining, fuel supply, storage of petroleum products, measurement and data transmission systems.
It follows from court documents that the proceedings were related to a problematic contract between Radius Group and Logimex dated June 26, 2018 “for the supply of integrated circuits 16 nm chips (ASICS) in the amount of 875 thousand pieces at a price of 4 euros per piece for total amount of 3.5 million euros”.
The name ASICS indicates that we are talking about chips for mining cryptocurrencies. During the period of the contract, Marinichev actively promoted his own mining projects (details below).
A bankrupt company founded by Dmitry Marinichev won a lawsuit against a failed German supplier of mining chips
The full amount of the contract was paid in advance. Logimex was supposed to deliver the goods after 180 working days from the date of signing the specification, that is, until March 20, 2019. This has not happened so far.
As a result of the proceedings, the servants of the Russian Themis decided to recover from the Germans the full amount of the paid contract, as well as a penalty of 350 thousand euros. The decision can be appealed to the Ninth Arbitration Court of Appeal within a month from the date of its adoption.
At the moment, Radius Group is not an independent structure. As early as June 14, 2019, a case was launched to declare the company bankrupt. By a court decision of November 15, 2019, supervision was introduced in relation to her, by a decision of November 15, 2019 – external management, and by a decision of July 22, 2021 – bankruptcy proceedings, that is, bankruptcy became irreversible.
“The defendant objected to the satisfaction of the claims, indicated that the goods were ready for shipment and transfer to the plaintiff, in support of which he submitted correspondence with the plaintiff from January 25, 2019 to August 15, 2020, according to which the parties agreed to change the name of the goods (microcircuits), production (South Korea) and terms of delivery (buyer’s pickup from the company’s warehouse in Warstein-Belecke), with changes at the initiative of the plaintiff, the terms of export and the lack of arrival at the warehouse due to bankruptcy, ”the court documents say.
“The plaintiff, objecting to the defendant’s arguments, indicated that in the framework of the bankruptcy case, the former general director of the plaintiff, Marinichev, handed over all the documents, among which there is no disputed correspondence,” the judges say.
In making their decision, the ministers of Themis proceeded from the fact that Logimex had not presented a single original document to substantiate their arguments, “including the electronic correspondence allegedly addressed to the plaintiff was presented without confirmation of the direction of the letters.”
At the same time, the testimony of Marinichev, the former general director of Radius Group, presented in the case file, “is not accepted by the court, since, given the bankruptcy of the plaintiff and the possible bringing of the former director to subsidiary liability, his testimony should be treated critically.”
CNews Analytics: Atlas of the Russian Internet of Things Market
Internet of Things
“The court also takes into account that from the analysis of the correspondence it follows that the plaintiff, represented by the general director, indicated the need to obtain from the defendant a certificate for the goods and documents confirming the presence of goods in the warehouse, which was not performed by the defendant, and therefore, in any case, the plaintiff did not agreed with the defendant on the delivery and delivery of the goods, the defendant did not provide the plaintiff with proper information confirming the presence of exactly the goods and its readiness for shipment, thereby did not fulfill the requirement of the contract and civil law, the conclusion says, Therefore, given the lack of reasonable evidence of the change of the terms of the contract, the absence of original documents from the analysis of which it is possible to establish the will of the parties, the court came to the conclusion that the claims of the plaintiff were justified.
Mining activity of Marinichev
As CNews wrote earlier, Marinichev was a member of the RMC project. This name was deciphered by the organizers themselves either as Russian Miner Coin, or as Russian Mining Coin, or as Russian Mining Company, but in Russian the name most often sounded like “Russian Mining Company”.
The RMC website says that the idea for the project was born when they met Boris ZyryanovCEO and co-founder of the Ekaterinburg company Multiclet, known for the development of multicellular processors of its own architecture, and Sergei BobylevCEO of the Russian company Smart Heat, established in 2015, a manufacturer of “dual-use mining equipment” (miner-boilers, miner-heaters).
The meeting resulted in a decision to combine the technologies of the parties and release the Multiclet miner. But since it was estimated that it would take about 10 months to optimize the processor from the existing Multiclet line, manufacture a prototype and launch production, it was decided to raise funds for the project through an ICO (sale of tokens), having interested investors in an already developed solution – a miner Sunrise Group of Companies (owned by Bobylev) Sunrise S11i, built on foreign 16-nanometer processors.
Andrey Nuikin, Evraz: It is possible and necessary to provide information security without foreign vendors and open source
Recall that it was the chips of such a nanometer that Logimex did not supply to Marinichev’s company.
The Russian Mining Company announced the launch of the ICO in August 2017, planning to raise $100 million. Of these, $10 million was to go directly to the development of the Multiclet S1 processor, the remaining $90 million to the production of miners.
The release of tokens was carried out through the “ICO-generator of growth”, launched by the joint efforts of the “Party of Growth” (Marinichev is a member of the federal political council in this party) and the Waves platform – in order to attract investments to the real sector of the economy using cryptocurrency.
RMC called itself a holding company, which included the aforementioned Radius Group by Marinichev, Multiklet by Zyryanov, Bobylev’s Smart Heat, as well as Goodwin Concern (Goodwin Europe) LLC, a Russian structure founded in 1997 as a manufacturer of high-tech products using DECT standard.
The development of the Multiclet chip eventually stalled. The processor has not been released to this day.