Addendum to the response to the claim for damages under the supply agreement
To the district court no.2 Auezovsky district of Almaty
To Judge Imanserikova G.N.
from the defendant: IP "......" represented by ............ IIN .................
Representative by proxy:
Law Company Zakon i Pravo LLP
BIN 190240029071 Almaty, 79/71 Abylai Khan ave., office 304
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 978 5755; +7 700 978 5755
the plaintiff: ............... passport № ................ +7 747 ……………………..
Addition to the review
for a statement of claim for damages
In addition to the previously submitted review and the addendum to the review, we inform you of the following. The plaintiff is suing on the basis of a Purchase and Sale Agreement dated 02/07/2019 (hereinafter referred to as the Agreement), which is allegedly concluded between the Sole proprietor "............." and ..................... However, as we indicated earlier, the Defendant did not enter into a contract with the Plaintiff, the signature on the Contract belongs to .................. In turn ..................... is not an employee of the sole proprietor "...........", she also does not have a power of attorney from the sole proprietor "..............." to conclude contracts and receive funds. Thus, ................ did not have the authority to conclude a Contract on behalf of the Sole proprietor "..............". By virtue of paragraph 1 of Article 166 of the Civil Code of the Republic of Kazakhstan, a person who permanently and independently represents on behalf of entrepreneurs when concluding contracts (a commercial representative) acts on the basis of a written agreement containing instructions on the powers of the representative, and in the absence of such instructions, also a power of attorney. In accordance with paragraph 2 of Article 157 of the Civil Code of the Republic of Kazakhstan, a transaction is declared invalid if the requirements for the form, content and participants of the transaction, as well as for their freedom of expression, are violated on the grounds established by this Code or other legislative acts. According to paragraph 2 of art.157-1 of the Civil Code of the Republic of Kazakhstan, an invalid transaction does not entail legal consequences, except for those related to its invalidity, and is invalid from the moment of its commission, unless otherwise provided for by this Code, legislative acts of the Republic of Kazakhstan or follows from the substance or content of the transaction. You should also pay attention to P.3.2. An agreement in which the value of the goods is indicated in a foreign currency.
Addendum to the response to the claim for damages under the supply agreement
According to paragraph 1 of Article 282 of the Civil Code of the Republic of Kazakhstan, monetary obligations in the territory of the Republic of Kazakhstan must be expressed in tenge (Article 127 of this Code), except in cases provided for by legislative acts of the Republic of Kazakhstan. By virtue of paragraph 1 of Article 127 of the Civil Code of the Republic of Kazakhstan, the tenge is the monetary unit in the Republic of Kazakhstan. In accordance with paragraph 1 of Article 158 of the Civil Code of the Republic of Kazakhstan, a transaction the content of which does not comply with the requirements of the law, as well as a transaction made for a purpose knowingly contrary to the principles of law and order, is contested and may be declared invalid by a court, unless otherwise provided by this Code and other legislative acts of the Republic of Kazakhstan. In addition, the Plaintiff submits to the court a receipt for the receipt cash order No. 15 dated 02/07/2019 (hereinafter referred to as the Receipt), but the fiscal receipt from the sole proprietor has not been submitted. "..............". Thus, the Receipt cannot be recognized as evidence in this civil case. According to paragraph 1 of Article 68 of the Civil Code of the Republic of Kazakhstan, each evidence is subject to assessment taking into account its relevance, admissibility, reliability, and all the evidence collected together is sufficient to resolve a civil case. Based on the above,
I ask the Court:
Claims of Olga Igorevna Shin against the sole proprietor "................" in the face of ............... – to leave without satisfaction.
Sincerely, General Director of Law Company Law and Law LLP...........................
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
