Claim for the production of material damage
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The Court of Karasay District of Almaty region
Almaty region, Karasay district,
Kaskelen City, Momyshuly STR., 5
8 (7277) 17 99 02, 8 (72771) 3002233№
050224@sud.kz
Civil plaintiff: less. …………………
IIN ..............
Almaty region ........ area,.......village,........ Street, ............. home.
+ 7707 ……………….
Civil defendant: less. …………….
IIN ....................
Almaty region, ................ district, .............
village, ................ Street,..... home.
Statement of claim
about the production of material losses
20... on the 20th of November of the year I am less. ........... (further civil plaintiff) and citizen ....................... a civil law agreement was concluded in accordance with article 406 of the Civil Code of the Republic of Kazakhstan (purchase and sale agreement) and Article 150-152 (form and conditions of a written transaction). The plaintiff under the contract is Natorial under a power of attorney issued by Mazda in his ownership ...., 19.... year, state number A..... H..., box №....... for its part, the defendant took the vehicle in question and promised to pay its consent fee to the plaintiff and transfer it in his name according to the rights granted by power of attorney. Article 272 of the Civil Code provides a definition of "proper performance of an obligation", which states that an obligation must be properly fulfilled 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 customary rights in the field of business activity or other requirements that are usually imposed.
Defendant 20... from November 20 to June 20 of the year, the above-mentioned vehicle was not transferred to its own owner, as a result of which the plaintiff received a request from the competent authorities of the state to pay the car tax on this vehicle, as evidenced by a letter from the Tax Office of the Medeu District of Almaty, in which 20... from 20... for the period of the year, the plaintiff was obliged to pay taxes on the above-mentioned car for a total amount of 75,981.07 tenge. Article 917 of the Civil Code of the Republic of Kazakhstan "general grounds for liability for causing harm" states that the damage (property and (or) non-property) caused by illegal actions (inaction) to property or non-property goods and rights of citizens and legal entities must be compensated in full by the person who caused it, and the damage caused by legal actions must be compensated in cases provided for by this code and other legislative acts.
Article 349 of the Civil Code "the concept of violation of an obligation" refers to non-fulfillment or improper performance of an obligation (untimely performance, incomplete performance of goods and works, performance in violation of other conditions established by the content of the obligation) - improper performance is understood as its violation. Article 113 of this code "reimbursement of expenses for payment of assistance to a representative", in which the court charges expenses for payment of assistance to a representative (several representatives) who participated in the process at the request of the party in favor of which the decision was made, in the amount of expenses actually spent by the party, in accordance with Article 103 of the Civil Code "State Duty" and Article 610 of the tax code, 760 tenge of tax was paid to the budget in accordance with the procedure and amount of payment of the state duty, taking into account these above-mentioned circumstances KPK-n, Guided by the AK of the Republic of Kazakhstan,
I ASK THE COURT:
Civil defendant .................... Civil Plaintiff for material damage caused by tarp................ 75,981. 07 tenge in profit;
Civil defendant .................. Civil Plaintiff ................... 1,200 tenge in favor of collecting the state duty paid;
Other legal costs Civil defendant ................... production;
Civil defendant ................. Civil plaintiff ....................... 15,000 tenge paid for the assistance of a representative in favor of recovery.
Civil plaintiff,
__________________/ ....................
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