Appeal against the court's decision on the Loan Agreement
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To the Board of Appeal for Civil and Administrative
cases of the Almaty City Court
from the defendant: ____________________ IIN ____________________
Proxy representative: Galymzhan Turlybekovich Sarzhanov
IIN 850722301036 Almaty, 50 Zhibek Zholy ave., office 202,
Business center Quarter info@zakonpravo.kz / www.zakonpravo .kz + 7 (708) 578 57 58.
THE APPEAL
on the decision of the Medeu district Court of Almaty dated March 20_
_ On March 20, the Medeu District Court of Almaty, composed of the presiding judge ____________________, at the secretary of the court session ____________________, with the participation of the plaintiff's representative – ____________________ and the defendant's representative – ____________________, having considered the Appeal against the court's decision on the Contract loan in open court civil case on the claim of JSC "____________________" ( further – the Plaintiff, the Bank) to ____________________(further – the Defendant, the Borrower) and the LLP "____________________" ( Next – The Guarantor, the Defendant) on the recovery of the amount owed under the Loan Agreement in solidarity №____________________ dated __ June 20__ in the amount of 23,034,193.64 tenge, resolved: Statement of Claim of JSC "____________________" - partially satisfy; Collect from ____________________ and TOO "____________________" in solidarity in favor of JSC "____________________" the amount of debt under the Bank Loan Agreement №____________________ dated __ June 20__ in the amount of 21,357,975 (twenty-one million three hundred and fifty-seven thousand nine hundred and seventy-five) tenge;
To dismiss the rest of the claim; Collect from ____________________ and TOO "____________________" the amount of the state duty in the amount of 320,370 (three hundred twenty thousand three hundred and seventy) tenge from each.We consider the decision of the court of first instance to be illegal, unjustified and subject to change on the following grounds:Between AO "____________________" ( hereinafter referred to as the Bank or the Plaintiff) and ____________________ and _____ LLP_______________" further down the text, a bank loan agreement was concluded №____________________ dated __ June 20__ (hereinafter - Loan agreement), according to which the Bank provided the Borrower with a bank loan in the national currency of the Republic of Kazakhstan in the amount of 17,600,000 tenge, for a period of 120 months (until __ June 20__), at 23% per annum, for the purchase of housing.The following property was provided as collateral to ensure repayment of the loan under the Loan Agreement:guarantee of a legal entity LLP "____________________" in the amount of at least 17,600,000.00 tenge, according to the Guarantee Agreement №____________________ from __.06.20__ (hereinafter referred to as Collateral 1); - voluntary loan insurance by the Borrower in the amount of KZT 6,333,420.00, according to the Voluntary Loan Insurance Agreement №____________________ dated __.06.20__ (hereinafter referred to as Collateral 2);-one-bedroom apartment with a total area of 57.1 sq.m., including a residential area of 30.5 sq.m., located at: Almaly district, Almaty, Republic of Kazakhstan, ____________________, owned by right of ownership ____________________, pledged to the Bank in accordance with the Real Estate Pledge Agreement №__________ dated __.07.20__ (hereinafter referred to as the Pledge Agreement or Security 3).Due to financial difficulties, the Borrower was unable to fulfill his obligations under the Agreement, and therefore he repeatedly applied to the Bank with a request to provide any preferential conditions for fulfilling obligations.
However, despite the fact that the President of the Republic of Kazakhstan in his annual messages urges everyone to be loyal to the people in difficult times, the Bank refused all requests from the Borrower. And only two years later, deliberately delaying time in order to increase the Borrower's debt, the Bank filed a lawsuit in court.According to Article 36 of the Law of the Republic of Kazakhstan "On Banks and Banking Activities in the Republic of Kazakhstan", upon the occurrence of a delay in fulfilling an obligation under a bank loan agreement, the bank is obliged to notify the borrower in the manner provided for in the bank loan agreement of the need to make payments under the bank loan agreement and the consequences of the borrower's failure to fulfill its obligations.
obligations.If the requirements are not satisfied, the bank has the right to apply debt collection measures provided for by Law to the borrower.However, the Bank did not take any debt collection measures and refused all Written requests for preferential conditions to continue fulfilling its obligations, thus preventing it from fulfilling its obligations.According to Article 224 of the CPC, the court's decision must be lawful and justified.A decision is lawful when it is made in compliance with the norms of procedural law and in full compliance with the norms of substantive law., are applicable to this legal relationship, or is based on the application, if necessary, of a law regulating a similar relationship, or proceeds from the general principles and meaning of civil legislation and the requirements of good faith, reasonableness and fairness.
A decision is considered justified if it reflects facts relevant to the case, confirmed by evidence examined by the court that meet the requirements of the law on their relevance, admissibility and reliability, or are well-known circumstances that do not need to be proven and are collectively sufficient to resolve the dispute.The court's decision was made in violation of the above requirements.The court based the decision on the plaintiff's arguments about the defendant's debt, which were not supported by evidence. The court did not require the plaintiff to calculate, decrypt the amount of the claim, or investigate the validity of the claims. Thus, the actual amount of remuneration to be collected was not determined.According to Part 1 of Article 72 of the CPC of the Republic of Kazakhstan, each party must prove the circumstances to which it refers as
the grounds for their claims and objections, use means of defense, assert, challenge facts, provide evidence and objections to evidence within the time limits set by the judge, which correspond to the fair conduct of the process and are aimed at facilitating the proceedings.The Universal Declaration of Human Rights (articles 7, 8 and 10), the International Covenant on Civil and Political Rights (article 14) and the Convention for the Protection of Human Rights and Fundamental Freedoms (article 6) establish, That everyone is equal before the law and the court, and that everyone, in determining their civil rights and duties, has the right to a fair and public hearing within a reasonable time by a competent, independent and impartial court established by law.Based on the above, and guided by Chapter 55 of the CPC RK.,
ask:
To amend the decision of the Medeu District Court of Almaty dated __ March 20__ on the claim of JSC "____________________" to ____________________i LLP "____________________" on the recovery of the amount owed in solidarity.
In terms of accrued remuneration – to refuse satisfaction
Sincerely, Proxy Representative: ________________/Sarzhanov G.T. "___"___________20__ G.
Attention!
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