Collection of the amount of arrears in payment for services rendered
1. The circumstances of the case
B C LLP (Supplier), concluded contract No. 111 dated 05/28/2024 with Kyzylorda Bus Park LLP, under which it undertook to provide the goods on time, and the defendant undertook to pay in the amount of 23,311,411.20 (twenty-three million three hundred eleven thousand four hundred eleven) tenge 20 tiyn.
According to the terms of the agreement, namely clause 2.2 of the Agreement, payment for the goods had to be made no later than 30 (thirty) calendar days from the date of signing the Act. Since the Act was signed on June 24, 2024, the defendant was obliged to pay for the goods before July 24, 2024, however, as of 10/01/2024, the defendant had not fulfilled his payment obligations, resulting in a debt of 23,311,411.20 (twenty-three million three hundred eleven thousand four hundred eleven )tenge 20 tiyn. The plaintiff's obligations under the contract were fulfilled on time and are confirmed by the electronic act of acceptance and transfer of goods No. 240117/00/1 dated 06/24/2024 signed through the public procurement portal.
2. Pre-trial settlement
I have taken all necessary measures for a pre-trial settlement of the dispute. According to the requirements of clause 9.1 of the above-mentioned agreement, we sent a pre-trial claim through the web portal on 07.26.2024 (delivered and read on 07.26.2024 through the web portal).
However, as of 08/14/2024, the Defendant had not provided a written response and had not fulfilled his obligations to pay in accordance with the claim.2.3 agreements.
3. Plaintiff's claims
In connection with the above, on the basis of clause 7.2 of the agreement and Article 272 of the Civil Code of the Republic of Kazakhstan, as well as Article 293 of the Civil Code of the Republic of Kazakhstan, I request:
To collect from the defendant the amount of debt in the amount of 23,311,411.20 (twenty-three million three hundred eleven thousand four hundred eleven ) tenge 20 tiyn.
Collect interest from the defendant for the use of other people's funds in the amount of 0.1% from the date of delay until the actual fulfillment of the obligation.
To collect from the defendant the court costs and representation costs (legal services) incurred in connection with the consideration of the case.
On December 2, 2024, case No.4360-24-00-2/2858, the Specialized Interdistrict Economic Court of the Kyzylorda region, consisting of: the presiding judge Berzhanov K.M., with the secretary of the court session, Zhakypbek A.K., considered in open court a civil case in electronic format on the claim:.
PLAINTIFF: Limited Liability Company "BBC Company"
DEFENDANT: Limited Liability Company "Bus Park "Kyzylorda" PLAINTIFF'S CLAIMS: 1. To recover the amount of debt 2. On the recovery of the amount of the penalty
Guided by Articles 223-226 of the CPC, the court DECIDED: To satisfy the claim of the plaintiff of the limited liability partnership "BBC Company" to the defendant Limited Liability Partnership "Bus Park Kyzylorda" to recover the amount of debt and penalties in full.
Collect from the limited liability partnership "Bus Park "Kyzylorda" in favor of the limited liability partnership "BBC .." debt in the amount of 20 000 411 (twenty million four hundred eleven) tenge, the amount of the penalty in the amount of 2 745 200 (two million seven hundred forty five thousand two hundred) tenge, representative expenses in the amount of 500 000(five hundred thousand) tenge and the amount of the state duty paid in the amount of 682,368 (six hundred eight hundred two thousand three hundred six hundred eight) tenge.
To return to the plaintiff the overpaid amount of the state duty in the amount of 45,631 (forty-five thousand six hundred and thirty-one) tenge to the limited liability partnership "BBC Company".
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