Appeal against the court's decision to terminate the Contract
To the Appeals Board for Civil and Administrative Cases of the Almaty
City court
Almaty, 050000, Kazybek Bi street, 66.
0201@sud.kz
From the defendant: Individual entrepreneur "......"
represented by gr. …………
IIN: ................
location: Almaty, ul......., d .., sq. m....
Representative by proxy:
Sarzhanov Galymzhan Turlybekovich
IIN: 850722301036.
Almaty, Medeu district,050002, Zhibek Zholy ave.,
50, office 202, Business center Block.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 (708) 578 57 58.
THE APPEAL
on the decision of the District Court No. 2 of Almaly district of Almaty dated October 19, 201.. years
October 19, 201.. District Court No. 2 of Almaly district of Almaty, composed of the presiding judge ..........., with the participation of the plaintiff's Representative, a lawyer ............., by proxy, and by warrant, the Representative of the defendant IP "......." in the face of .................. - Sarzhanov G.T., by proxy, having considered in open court, in the courthouse, a civil case, according to the statement of claim of gr. ……………... to an individual entrepreneur ".............." on the termination of the contract for the development of a mobile application and the recovery of the prepayment amount, a legal penalty, the court Decided: The claim .................. to an individual entrepreneur "............" represented by gr. ............ - partially satisfy.
Terminate the mobile application development agreement No...... dated April 28, 201.. a contract concluded between an individual entrepreneur "...." represented by .................. and ................... Collect from an individual entrepreneur ".............." represented by gr. ............., in favor of gr. ............., the amount of the prepayment in the amount of 435,000 (four hundred and thirty-five thousand) tenge, a legal penalty in the amount of 70,332 (seventy thousand three hundred and thirty-two) tenge, the cost of paying the state fee in the amount of 6,350 (six thousand three hundred and fifty) tenge, the cost of paying for the assistance of a representative in the amount of 20,000 (twenty thousand) tenge. The arguments indicated in the court's decision of October 19, 201..the year that was issued in final form on 24.10.201... the years disagree.
We consider the decision of the court of first instance to be illegal, unjustified and subject to cancellation on the following grounds: Dear Board of Appeal, the court of first instance did not take into account the arguments of the defendant, According to which the Plaintiff justifies his claims that in accordance with the Mobile Application Development Agreement No.... dated April 28, 201... concluded between the Plaintiff and the Defendant for a total amount of 725 00 tenge. where the Defendant has committed to develop a mobile application within 45 calendar days from the date of approval of the design of all application screens. According to Appendix No. 1 to the Agreement.
Pursuant to clause 2.2. of the Agreement, May 23, 201.. During the year, the Plaintiff transferred an advance payment to the Defendant's bank account in the amount of 30% of the Contract amount, which amounted to 217,500 tenge, which is confirmed by cash receipt order No. 48. Next, June 16, 201.. a year after the Plaintiff agreed on the design for the work under the terms of clauses 2.6. and 2.3. of the Contract, the Plaintiff transferred an advance payment to the Defendant's bank account in the amount of 30% of the Contract amount, which amounted to 217,500 tenge, which is confirmed by cash receipt order No. 61. Thus, the Defendant accepted the obligation until May 01, 201.. years to complete the work. As a result, the total amount of the prepayment amounted to 435,000 tenge.
To date, the terms of the Agreement have not been fulfilled by the Defendant, and the reasons for the improper fulfillment of the terms of the Agreement have also not been disclosed. We do not agree with the above arguments of the Plaintiff, since the Plaintiff claims that no work was performed on the part of the Defendant under the Contract and the Plaintiff does not indicate specific violations of the contract in the lawsuit, whereas according to the Mobile Application Development Agreement No.... dated April 28, 201.. According to paragraph 2.5, "The first payment is made by the Customer within 3 banking days from the date of signing this agreement," while the parties do not dispute that the Agreement for the development of a mobile application № ......... It was signed on April 28, 201.. years, respectively, we observe violations of Contractual obligations on the part of the Plaintiff, which norms
The contracts are interpreted in their favor and clause 2.5., The Contract was executed after 26 calendar days, namely on May 23, 201.. During the year, the Plaintiff transferred an advance payment to the Defendant's bank account in the amount of 30% of the Contract amount in accordance with clause 2.2., which amounted to 217,500 tenge, which is not disputed by the parties. Whereas the funds were supposed to arrive before April 31, 201.. years. After the transfer in violation of Contractual obligations of the first tranche of prepayments by the Defendant were in accordance with paragraph 1., Applications No. 1., Contracts, Original designs and icons for the mobile application have been developed "........" which was agreed upon and accepted by the Plaintiff, as evidenced by the corresponding application launched on Google Play (For more information, follow the link ....... and the Plaintiff's arguments are written on page 2 in the statement of claim, where the plaintiff confirms the agreement of clause 1.,
Appendices No. 1., the Agreement literally with the words "Further, June 16, 201.. one year after the Plaintiff's approval of the design for the work under the terms of clauses 2.6. and 2.3. of the Agreement..." as well as the second tranche of payment made by the Plaintiff in accordance with clause 2, clause 2.6., where it is stipulated "The second installment is paid by the Customer within 3 banking days from
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