About collecting the amount of debt and penalties under the dealer agreement for the organization of sales and delivery of finished products
Between S. LLP.” represented by General Director D.D.Z., acting on the basis of the Charter (hereinafter referred to as the Plaintiff, Seller) and LLP “A.” represented by the General Director, T.B.B., acting on the basis of the Charter (hereinafter referred to as the Defendant, Dealer) A Dealer Agreement was concluded on July 15, 2019 (hereinafter referred to as the Agreement), according to which the Dealer, on behalf of the Seller, undertakes obligations to organize sales and delivery of the Seller's finished products (hereinafter referred to as the Goods). On September 30, 2019, the Plaintiff, in accordance with clause 3.1, delivered the Goods to the Defendant, as evidenced by the invoice for the release of stocks to the party, signed by the two parties. According to clause 6.3. of the Agreement, “Payment is made every 10 (ten) calendar days, if the day of payment falls on a weekend or holiday, then payment must be made on the first business day following the weekend/holiday.” However, according to the Contract, the Defendant did not pay for the Goods delivered on September 30, 2019, and all oral and written requests from the Plaintiff for payment of money were unsuccessful. On December 21, 2020, the Plaintiff, in order to settle in a pre-trial manner, informs the Defendant that, in accordance with the Agreement, LLP “A” has a debt in the amount of 4,760,712 tenge. In accordance with clause 2.10 of the Agreement, the Dealer is obliged to “Make timely payment for the goods in accordance with the terms of this agreement.”
About collecting the amount of debt and penalties under the dealer agreement for the organization of sales and delivery of finished products
On the basis of the above-mentioned Agreement, the Plaintiff drew up an Act of reconciliation of mutual settlements for the period from 01.01.2019 to 12.21.2020, the total debt of the Defendant to the Plaintiff amounted to 4,760,712 tenge. The Plaintiff fulfilled all obligations under the Contract to the Defendant in full in accordance with Article 272 of the Civil Code of the Republic of Kazakhstan, which stipulates that the obligation must be performed properly in accordance with the terms of the obligation and the requirements of the law, and in the absence of such conditions and requirements - in accordance with business practices or other commonly imposed requirements. In P. 8.1, 8.2 of the Agreement provides in case of non-fulfillment or improper fulfillment of their obligations under this Agreement, the Parties are responsible in accordance with the legislation of the Republic of Kazakhstan and this Agreement. In case of non-receipt of money on time or partial delay in payment according to clause 6.3, the Dealer is charged a penalty in the amount of 0.1% of the debt amount for each overdue day, but not more than 10 (ten)% of the total amount, in this regard, the amount of the penalty is 476,071 tenge. By virtue of art . 273 of the Civil Code of the Republic of Kazakhstan, unilateral refusal to fulfill an obligation and unilateral modification of its terms are not allowed. Thus, the Defendant is not fulfilling his obligations to pay for the services provided. In accordance with paragraph 1 of Article 349 of the Civil Code of the Republic of Kazakhstan, a violation of an obligation is defined as its non-fulfillment or improper fulfillment (untimely, with defects in goods and works, in violation of other conditions determined by the content of the obligation) - improper fulfillment. According to clause 1 of Article 359 of the Civil Code of the Republic of Kazakhstan, the debtor is responsible for non-fulfillment and (or) improper fulfillment of obligations in the presence of guilt, unless otherwise provided by law or contract. Based on paragraph 1 of Article 113 of the CPC RK, at the request of the party in whose favor the decision was made, the court awards, on the other hand, the costs incurred by her to pay for the assistance of a representative (several representatives) who participated in the process and is not in an employment relationship with this party, in the amount of the costs actually incurred by the party. For property claims, the total amount of these expenses should not exceed ten percent of the satisfied portion of the claim. By virtue of Article 13 of the Constitution of the Republic of Kazakhstan, everyone has the right to defend their violated or disputed rights, freedoms or legally protected interests. In accordance with Article 8 of the CPC, everyone has the right to apply to the court for protection of violated or disputed constitutional rights, freedoms or protected interests. On the basis of the above and in accordance with art. 148 CPC RK, I ask the Court to: Recover from LLP “A” in favor of LLP “C” the amount of debt in the amount of 4,760,712 (four million seven hundred and sixty thousand seven hundred and twelve tenge) tenge; Recover from LLP “A” in favor of LLP “C” the amount of penalties in the amount of 476,071 (four hundred and seventy-six seventy thousand one thousand) tenge; To collect from LLP “A” in favor of LLP “C” the costs of paying the state fee, taking into account the bank's commission in the amount of 157 104 (one hundred fifty seven thousand one hundred four) tenge; To collect from LLP “A” in favor of LLP “C” the representative expenses in the amount of 120 000 (one hundred and twenty thousand) tenge;
About collecting the amount of debt and penalties under the dealer agreement for the organization of sales and delivery of finished products
On March 11, 2021, the Specialized Interdistrict Economic Court of the Almaty region, guided by Articles 223-226 of the CPC, DECIDED: To satisfy the claim of the limited Liability company "C" to the limited liability company "A" for the recovery of the principal debt and penalties. To collect from the limited liability company "A" in favor of the limited liability company "C" the principal debt in the amount of 4,760,712 tenge, a fine in the amount of 476,071 tenge, as well as the costs of paying the state fee in the amount of 157,104 tenge, the assistance of a representative in the amount of 120 tenge.
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