Appeal for recovery of the amount of debt and penalties under the service agreement
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To the Board of Appeal for Civil and Administrative Cases
Almaty City Court Legal address: _________________.
Email address: ____________. Postal code: _________.
From the defendant: ______________________ IIN ___________ location: Almaty, ul. ___________________.
Proxy representative: Galymzhan Turlybekovich Sarzhanov
IIN: 850722301036. Almaty, Medeu district,050002, Zhibek Zholy ave., 50,
Business center Quarter, office No.202. info@zakonpravo.kz phone number: 8 707 (708) 578 57 58.
The plaintiff: Sole proprietor "__________" address: Almaty, ul. __________________.
THE APPEAL
on the decision of the District Court No. 2 of Almaly district of Almaty
05/15/201_ District Court No. 2 of Almaly district of Almaty city, composed of the presiding judge ___________________., at the secretary of the court session ______., with the participation of the plaintiff's representative by proxy __________., the representative of the defendant by proxy Sarzhanova G.T., having considered in open court the civil case on the claim of the sole proprietor "_________" to ______________ about collecting the amount of debt and penalties under the service agreement Decided – partially satisfy.Collect from ___________________ in favor of individual entrepreneurs "__________" the amount of debt under the service agreement dated 30.01.201_ in the amount of 370,000 (three hundred and seventy thousand) tenge, the amount of the penalty in the amount of 30,000 (thirty thousand) tenge, court costs for the payment of state duty in the amount of 4,000 (four thousand) tenge, the commission of Kazpost JSC in the amount of 222 (two hundred and twenty-two) tenge and for sending postal correspondence in the amount of 436 (four hundred and thirty-six) tenge.We consider the decision of the court of first instance to be unlawful, unjustified and subject to partial cancellation on the following grounds.30.01.201_. between the parties, deceiving the defendant, the plaintiff's representatives
we concluded a contract for the provision of services to the buyer of real estate for no. ___, under the terms of which the plaintiff (as an agency) undertook to assist in the search for a real estate object for the defendant ______________. (as a customer). According to clauses 3.1 and 3.2 of the agreement, the cost of services (remuneration) amounted to 370,000 tenge, which must be paid by the customer. ______________. in two stages. By virtue of clause 2.6 of the contract, the defendant assumed the obligation to perform all actions only through the plaintiff. 30.01.201_ the plaintiff searched and showed the apartment at the address: Almaty, ul.______________, this is confirmed by the customer's signature in clause 1.3 of the contract. Subsequently, 02.02.201_ the defendant ______________. contrary to the terms of the agreement, she performed independent actions to conclude a purchase and sale agreement for the specified apartment, on the basis of which for ______________. ownership of the apartment was registered and the Plaintiff asked the Court to recover from the contract for the provision of real estate services in the amount of 370,000 tenge, contractual penalty in the amount of 370,000 tenge, refund of state duty in the amount of 7,400 tenge, commission fee – 222 tenge and for sending mail – 436 tenge.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 applicable to this legal relationship, or is based on the application, if necessary, of a law governing 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 case of non-compliance with the above requirements.According to article 427 p. 4, the CPC substantive law norms are considered violated or improperly applied if the court applied a law that is not applicable, misinterpreted the law.In resolving the dispute, the court did not apply the applicable rules of substantive law, which led to an incorrect resolution of the case and the issuance of an illegal decision.In satisfying the claim, the court reasoned its conclusions with reference to Articles 217-221, 223 of the CPC RK.However, the court did not apply Articles 268, 271, 297 of the Civil Code of the Republic of Kazakhstan, applicable substantive law norms.Article 268 of the Civil Code of the Republic of Kazakhstan. Obligation By virtue of an obligation, one person (the debtor) is obliged to perform a certain action in favor of another person (the creditor), such as: transfer property, perform work, pay money, and so on, or refrain from a certain action, and the creditor has the right to demand that the debtor perform it.
duties. The creditor is obliged to accept execution from the debtor. The provisions of this subsection shall apply to obligations, unless otherwise provided for in the Special Part of this Code.Article 271 of the Civil Code of the Republic of Kazakhstan. The grounds for the occurrence of an obligation, Obligations arise from a contract, injury, or other grounds specified in Article 7 of this Code.Considering the above, we consider the Real Estate company IP "__________" she actually provided services for 150,000 tenge in total, and not for the amount of 404,658 tenge in the specified court decisions. Since, deceiving the defendant, the plaintiff's representatives concluded a contract for the provision of services to the buyer of the property for no. ___, whereas at the time of the conclusion of the contract, the defendant was told by the plaintiff's representatives that this signature was formally and for internal analysis, and initially the defendant's representative (Realtors) refused to conclude a service agreement since only one apartment was shown, for which the defendant was willing to pay no more than 5,000 tenge during the show., However, taking advantage of the defendant's legal incompetence, she slipped the document for signature, which we partially recognize.
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 accordance with Article 15 of the Civil Procedure Code of the Republic of Kazakhstan, the parties choose their position, ways and means of defending it independently and independently of the court, other bodies and persons during civil proceedings.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 has the right to a fair and public hearing within a reasonable time by a competent, independent and impartial tribunal in determining their civil rights and obligations., created on the basis of the law.Based on the above, and guided by Chapter 55 of the CPC RK.,
I ASK THE COURT:
The decision of the District Court No. 2 of Almaly district of Almaty dated 05/15/201_ on the claim of the sole proprietor "__________" to _______________ on collecting the amount of debt and penalties under the service agreement, To change – to decrease to 150,000 tenge.
To resume consideration of the case on the merits.
Sincerely, Proxy Representative: ________________/Sarzhanov G.T.
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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