Addendum to the claim for recovery of the amount under the construction contract
Specialized Interdistrict Economic Court of Almaty
To judge Sagynbekova G.M.
273b Baizakov St., Turksib district, Almaty.
from the Plaintiff: LLPC.kz "
represented by D. D.O.F.
BEAN .
280 Tole bi str., 13th floor, Almaty.
8 (727) ………….. …..
Representative by proxy:
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+7 708 971 78 58; + 7 727 971 78 58.
Addendum to the claim
There is a civil case No. 7527-24-3-3/477 under your jurisdiction on the claim of "C" LLP. kz" (Hereinafter referred to as the Plaintiff) to LLP "..." (Hereinafter referred to as the Defendant) for the recovery of the amount.
Under subcontract No. 13/PD/2019 dated July 18, 2019:
The Act of completed works (hereinafter referred to as the ADR) No. 11 in the amount of 1,100,000 tenge was signed by the parties on 05/25/2020, however, according to the statement of account belonging to the Plaintiff, it can be verified that the actual payment date is 07/03/2020. Accordingly, the Plaintiff provides a table of calculations of the penalty in the claim, where he calculated a 20-working-day delay in payment for ADR No. 11. The Plaintiff's right to claim a penalty for late transfer of money is provided for in clause 12.3. of the Subcontract Agreement No. 13/PD/2019 dated July 18, 2019.
A similar late payment was made under ADR No. 13, 17 dated 05/25/2020. The calculations of the penalties in the table given in the claim correspond to reality. The confirmation of the above-mentioned ATS No. 11, 13 and 17 dated 05/25/2020 by the parties is the signed Reconciliation Report of mutual settlements for the period from 01.01.2020 to 12/16/2020 between the parties under the Subcontract Agreement No. 13/PD/2019 dated July 18, 2019.
According to ADR No. 40, 42 dated 11.11.2020, the Defendant paid 350,000 tenge in arrears on 26.05.2021, i.e. The defendant paid the Plaintiff after 117 business days and an incomplete amount. The Defendant paid the remaining 50,000 tenge only on 11/08/2021. A spigot. It is not yet known whether the remaining 50,000 tenge has been received under this agreement, since according to the statement on November 8, 2021, the appointment indicated that the amount had been added to the supplementary agreement under agreement No. 77.
Under the supply agreement No. 05/20 dated May 29, 2020:
The Plaintiff received an advance payment from the Defendant in the amount of 4,900,000 tenge dated 06/02/2020. The second payment in the amount of 2,168,847.5 tenge was received on 06/18/2020. The plaintiff delivered and shipped the goods on 30.06.2020. The plaintiff delivered the practical goods with a slight delay, which arose due to the pandemic (the reason for the delay was the difficulties on the border of Kazakhstan and Russia, which arose due to the pandemic). Subsequently, the manufacturer of this product sent us a notification about the shipment, and confirmed that they were ready to ship the goods on June 26, 2020. In accordance with clause 3.2. The remaining amount of 2,168,847 tenge 50 thousand is paid to the Supplier at the time of shipment of the goods. The goods were shipped by the plaintiff on June 30, 2020. However, the Defendant partially paid only 1,000,000 tenge half a year later, i.e. on January 29, 2021. Although, in accordance with clause 3.2. of the Contract, he had to pay 2,168,847 tenge at the time of shipment of the goods.
Accordingly, the Plaintiff, using the right provided for in clause 5.5. of the Supply Agreement No. 05/20 dated May 29, 2020, requests to collect a penalty according to the calculations provided in the table.
A spigot. Regarding the balance in the amount of 1,168,847.5, which was allegedly received on November 8, 2021, where the appointment indicated that the amount was received under contract No. 77 to the supplementary agreement. (Perhaps this amount has not exceeded, request proof from the defendant about the payment).
We also clarify that the payment in the amount of 1,117,900 tenge dated 12/29/2020 was received for installation work on invoices No. 37, 38 and 39 dated 12/28/2020.
Under subcontractor agreement No. 77 dated October 19, 2020:
According to clause 3.2. of the Subcontract Agreement No. 77 dated October 19, 2020, the Customer makes an advance payment to the Subcontractor in the amount of 20,000,000 tenge, within 5 (five) calendar days from the date of signing this Agreement. However, on 10/22/2020, the Defendant sends only 15,000,000 tenge, and a month later, on 11/25/2020, the advance payment is paid in full, i.e. the balance of 5,000,000 tenge was paid on 11/25/2020. According to clause 4.1. of the Contract, the subcontractor begins to perform the work from the date of payment of the advance payment provided for in clause3.2. of this Agreement. According to the advance payment in the amount of 20,000,000 tenge, the plaintiff fulfilled all obligations.
Clause 3.3. of the Subcontract Agreement No. 77 dated October 19, 2020 also stipulates that subsequent payments for the cost of work are made on the basis of signed f2b Certificates in the amount of 20,000,000, carried out by the Customer within 10 (ten) banking days from the date of signing the Acts. The final payment is made within 10 (ten) business days after signing the certificates of completed works on the basis of the invoice issued by the Subcontractor.
According to the reconciliation report of mutual settlements for the period 01.01.2021 to 03.12.2021 under the subcontract agreement No. 77 dated October 19, 2020, signed by the parties, it can be verified that the Defendant had debts to the Plaintiff in the amount of 802,853 tenge as of December 3, 2021.
According to the reconciliation report of mutual settlements for the period 07/01/2019 to 01/31/2024 under subcontract No. 77, as of January 31, 2024, the Defendant owed 1,650,853 tenge to the Plaintiff.
Under the supplementary agreement dated October 18, 2021, to the subcontract agreement No. 77 dated October 19, 2020:
According to the reconciliation report of mutual settlements for the period 07/01/2019 to 01/31/2024 under the additional agreement dated 10/18/2021 to the subcontract agreement No. 77, as of January 31, 2024, the Defendant had debts to the Plaintiff in the amount of 149,105 tenge.
Under subcontract No. 01.2/PD/2021 dated February 12, 2021:
According to clause 1.1 of the Contract, the Subcontractor undertakes to carry out work on Specifications that are an integral part of the contract at the Customer's facilities: "Construction of a hangar and neighboring buildings", "Installation of two additional 1000 m3 tanks for fuel storage", located at: East Kazakhstan region, Ayagoz district, 27 km. from the village of Aktogay, the territory of KAZ Minerals Aktogay LLP, and the Customer undertakes to accept the results of the work and pay for them under the terms of the Contract.
According to the reconciliation report of mutual settlements for the period from 01.01.2021 to 08.02.2022, under subcontract No. 01.2/PD/2021 dated February 12, 2021, the Defendant owed 269,611 tenge to the Plaintiff on February 8, 2022.
Also in the claim, we provide a table for calculating penalties for overdue payments, where 221,030 tenge was calculated as a penalty.
On the basis of the above and in accordance with art. 148 of the CPC RK,
I ask the Court:
o To recover from the Defendant LLP "...." in favor of the Plaintiff LLP "C.kz " the amount of debt in the amount of 2,069,569 tenge;
o To recover from the Defendant LLP ".." in favor of the Plaintiff LLP "C.kz " the resulting penalty in the amount of 1,075,364 tenge;
o To recover from the Defendant, LLP." in favor of the Plaintiff, LLP."C.kz " court costs in the form of a paid state fee in the amount of 92,347.99;
o To recover from the Defendant LLP ".." in favor of the Plaintiff LLP "C.kz " representative expenses in the amount of 300,000 tenge.
With respect,
Representative by proxy: ___________/ Kenesbek I.M.
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