Collection of the amount of debt for the provision of paid services

No.7517-23-00-2/8480 dated June 01, 2023

A civil law agreement was concluded between Career guidance LLP (hereinafter referred to as the defendant) and I, ILT, Contract for the provision of paid services No. 20968387 dated 08/16/2022, which complies with Articles 151, 152 of the Civil Code of the Republic of Kazakhstan (Form and terms of a written transaction), where it is stipulated that transactions are made orally or in writing. The written form of the transaction is made on paper or in electronic form. A written transaction must be signed by the parties.  

        The essential terms of the Contract were that the defendant undertook to provide educational services for the teaching of the Turkish language for the entrance exams to universities in the Republic of Turkey.

        In accordance with the terms of the Agreement, I fulfilled the conditions of Article 3, and paid funds to the partnership's current account in the amount of 550,000 tenge.

        However, before the start of the Turkish language classes, in accordance with the condition of art. 9 of the contract, the plaintiff informed the employees of the partnership by telephone about the termination of the contract due to the detection of a heart disease in HDC. Subsequently, the employees of the defendant's company advised to write a Statement. The application was sent to the employees of the partnership on September 15, 2022, but no response has been received to this application to this day.

        Subsequently, your employees promised to fully refund the funds by December 2022, taking into account the costs of Article 9 of the Contract.

        According to paragraph 4 of Article 8 of the Civil Code, citizens and legal entities must act in good faith, reasonably and fairly in exercising their rights, observing the requirements contained in the legislation, the moral principles of society, and entrepreneurs must comply with the rules of business ethics. Good faith, reasonableness and fairness of the actions of participants in civil law relations are assumed.

        However, the defendant violated the specified and assumed obligations (Violation of an obligation means its non-fulfillment or improper fulfillment (untimely, with defects in goods and works, in violation of other conditions determined by the content of the obligation) - improper fulfillment of part 1 of Article 349 of the Civil Code of the Republic of Kazakhstan), which is not permissible according to Article 272 of the Civil Code of the Republic of Kazakhstan.

By virtue of Article 272 of the Civil Code of the Republic of Kazakhstan, the obligation must be performed properly 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 business practices or other commonly imposed requirements.  

We sent a pre-trial claim to the defendant, where we offered voluntary payment of funds in the amount of 550,000 tenge, by January 31, 2023. The claim was submitted to an employee of the defendant's company under cx. No. 2/23 dated January 12, 2023 in accordance with the norms of Articles 152 and 279 of the CPC RK and art. 402 of the Civil Code of the Republic of Kazakhstan.

However, to this day, we have not received any response from the defendant.

According to the requirements of paragraph 1 of Article 6 of the Civil Code of the Republic of Kazakhstan, the norms of civil legislation must be interpreted in accordance with the literal meaning of their verbal expression. If there are possible different understandings of the words used in the text of legislative norms, preference is given to the understanding that corresponds to the provisions of the Constitution of the Republic of Kazakhstan and the basic principles of civil legislation set out in this chapter, primarily in its article 2.

In accordance with art.272 of the Civil Code of the Republic of Kazakhstan, where the obligation is stipulated, it must be performed properly 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 business practices or other commonly imposed requirements. By virtue of Article 273 of the Civil Code of the Republic of Kazakhstan, unilateral refusal to fulfill an obligation and unilateral modification of its terms are not allowed.

According to paragraph 1, Article 277 of the Civil Code of the Republic of Kazakhstan, where an obligation provides for or allows determining the day of its fulfillment or the time period during which it must be fulfilled, the obligation must be fulfilled on that day or, accordingly, at any time within such a period.  

In accordance with paragraph 1 of Article 349 of the Civil Code of the Republic of Kazakhstan, a violation of an obligation is understood as its non-fulfillment or improper fulfillment (untimely, with defects in goods and works, in violation of other conditions determined by the content of the obligation) - improper fulfillment.

In accordance with art. 29 of the CPC RK, a claim is filed in court at the defendant's place of residence.

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.

On the basis of the above and in accordance with art. 148 of the CPC RK, They asked the Court:

 

To recover from the Defendant "Career guidance" LLP in favor of the Plaintiff I.L.T., the amount of debt in the amount of 550,000 tenge;

To collect from the Defendant "Career guidance" LLP in favor of the Plaintiff I.L.T., court costs in the form of a paid state fee in the amount of 5,500 tenge.

 

Medeu District Court of Almaty: under the chairmanship of Judge Shakual A.Sh., considered the civil case on the claim in a simplified (written) procedure: ILT to Limited Liability Partnership (hereinafter – LLP) "Career guidance". About debt collection.

Guided by Articles 223-226, 229, 267-4 of the CPC, the court DECIDED: To satisfy the ILT claim. Collect from the limited liability partnership "Career guidance" in favor of ILT the amount of debt in the amount of 550,000 (five hundred and fifty thousand) tenge, the cost of paying the state fee in the amount of 5,500 (five thousand five hundred) tenge.

 

 

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