Addition amendment clarification to the statement of claim
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Medeu District Court of Almaty to Judge Baymakulova S.N.
Almaty, Nusupbekov St./Turgenskaya, 34 + 7 727 333 13 02
from the Plaintiff: N.M.M. IIN ...... Representative by proxy:
Law and Law Law Company LLP BIN 190240029071
79 Abylai Khan Ave., office 304, Almaty. info@zakonpravo.kz / www.zakonpravo .kz
+ 7 727 971 78 58; +7 708 971 78 58.
Defendant: R.A. IIN ..... Almaty, ul...., 2. +7 777 ....
Addendum to the statement of claim
In your proceedings, there is a civil case registered for No. 7517-19-00-2/7607 dated 03/19/2019 on the claim of N.M.M. (hereinafter referred to as the plaintiff) to R.A. (hereinafter referred to as the defendant) for the recovery of the amount owed. A civil law agreement was concluded between N.M.M. and R.A. in accordance with art. 152 of the Civil Code of the Republic of Kazakhstan “Written form of the transaction “ in the form of a receipt, pursuant to which the plaintiff transferred funds to the defendant for personal use on a reimbursable basis in the amount of 2,500 US dollars at the exchange rate of 334.59 tenge per dollar unit at the time of April 23, 2016, as indicated in the corresponding receipt dated April 23, 2016, and The defendant, in turn, undertook to return the funds received by April 30, 2016, as indicated in the receipt. Thus, the defendant caused real material damage to the plaintiff. Due to the defendant's failure to repay funds, the plaintiff has the opinion that the defendant's actions are aimed at seizing property through deception and abuse of trust. In accordance with art.272 of the Civil Code of the Republic of Kazakhstan, where the obligation is stipulated, it 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. By virtue of Article 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.
Addition amendment clarification to the statement of claim
According to paragraph 1, Article 277 of the Civil Code of the Republic of Kazakhstan, where an obligation provides for or allows determining the day of its fulfillment or the time period during which it must be fulfilled, the obligation must be fulfilled on that day or, accordingly, at any time within such a period. Earlier, the Plaintiff sent a Pre-trial notice to the Defendant, where he offered the Defendant a voluntary refund of funds in the amount of 836,475 tenge. If you do not return the funds within the specified period, you reserve the right to apply to the court on this issue. 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. In accordance with art . 29 The Civil Procedure Code of the Republic of Kazakhstan is sued at the defendant's place of residence. 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. In order to clarify the claims and in accordance with Articles 46,47,48 of the CPC,
I ask the Court:
Collect from the Defendant R.A. in favor of the Plaintiff N.M.M. the amount of debt in the amount of 836,475 tenge;
To collect from the Defendant R.A. in favor of the Plaintiff N.M.M., court costs in the form of a paid state fee in the amount of 8,365 tenge;
To collect from the Defendant R.A. in favor of the Plaintiff N.M.M., representative expenses in the amount of 100,000 tenge.
Sincerely, Proxy Representative: __________/ Nurlanov N.N.. "____"_________ 2022 the year
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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.
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