Collection of the amount of debt under the contract | Representation of interests in court | Legal protection of business

Between LLP "..." (Hereinafter the Plaintiff/General Contractor) and LLP "....." (Hereinafter the Defendant/Customer), a Contract was concluded for the multifunctional residential complex "Bozaryk" for No. 09/08, dated September 20, 2017, under the terms of which the Plaintiff undertook to carry out work on the construction of 12 single-storey houses with a total area of 1,440 sq.m., and 7 townhouses with a total area of 840 sq.m., located at: South Kazakhstan region, Shymkent, the low-rise residential complex "Bozaryk", and the Defendant, in turn, undertook to provide the design and estimate documentation (hereinafter referred to as the PSD) without hindering the progress of work in accordance with the schedule of work, as well as to obtain the technical conditions for the necessary temporary engineering communications to the border of the construction site, a permit for construction and installation work, an excavation warrant works and permits for felling trees and other permits that are the responsibility of the Customer. In accordance with the terms of clause 3, clause 3.9. According to the Contract, the Plaintiff has undertaken to pay the Customer a guarantee fee of 1,500,000 tenge after signing the Contract, to pay for the PSD, which is refundable, during construction.

Collection of the amount of debt under the contract | Representation of interests in court | Legal protection of business

The fact of proper fulfillment by the General Contractor of contractual obligations is confirmed by a Payment order dated 09/21/2017. However, the Defendant has not fulfilled its contractual obligations, since to date the Defendant has not provided the PSA in accordance with the schedule of work, and payment has not been made in accordance with the terms of the contract. Accordingly, we have the opinion that the Defendant's actions are aimed at seizing property by deceiving and abusing the trust of the General Contractor. In these circumstances, the Court was asked to restore public justice to infringe on the Constitutional rights of the Plaintiff and to return the funds received from the Defendant, which amounts to 1,500,000 tenge, as well as the amount of the legal penalty for late payment, which amounts to 45,000 tenge today. In connection with the non-fulfillment of Contractual Obligations, We sent a Pre-trial claim to the Defendant, where the Defendant was asked to return the funds received from the General Contractor, which amounts to 1,500,000 tenge, and a fine according to paragraph 8.7, an Agreement in the amount of 45,000 tenge until July 30, 2018. If the funds received from the General Contractor are not returned within the specified period, we reserve the right to apply to the court on this issue with the right to recover all costs of the trial, lost profits, etc.   The claim dated 07/09/2018 was left without satisfaction. We also found that in this way the Defendant caused damage by not fulfilling Contractual obligations to other legal entities in similar cases, as evidenced in the appendix of the court decision.

Collection of the amount of debt under the contract | Representation of interests in court | Legal protection of business

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. In accordance with art . 616 of the Civil Code of the Republic of Kazakhstan, under a contract, one party (contractor) undertakes to perform certain work on behalf of the other party (customer) and deliver its result to the customer within the prescribed period, and the customer undertakes to accept the result of the work and pay for it (pay the price of the work). The work is performed at the contractor's risk, unless otherwise provided by legislation or contract. According to art . 272-273 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.

Unilateral refusal to fulfill an obligation and unilateral modification of its terms are not allowed, except in cases stipulated by law or contract. When applying to the court with this claim, the plaintiff, in accordance with paragraph 1, paragraph 1, Article 535 of the Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget" (Tax Code),"is forced to pay a state fee of 3% of the amount of the claim, with a commission of 46,953 tenge. Based on the above, guided by Articles 4, 13 of the Constitution of the Republic of Kazakhstan, 8, 15 of the Civil Procedure Code of the Republic of Kazakhstan, 272, 273, 616 of the Civil Code of the Republic of Kazakhstan, the court was asked to recover from the Defendant the paid guarantee fee by the Plaintiff in the amount of 1,500,000 tenge under the Contract of the multifunctional residential complex "Bozaryk" for No.09/08, from "September 20, 2017; Collect a legal penalty from the Defendant in accordance with clause 8.7 of the Contract in the amount of 45,000 tenge. To collect the costs of paying the state duty in the amount of 46,953 tenge Judge of the specialized interdistrict economic court Almaty, having single-handedly considered the above-mentioned civil case in a simplified procedure, guided by art.147 of the Civil Procedure Code of the Republic of Kazakhstan, DECIDED: To satisfy the claim of LLP "...". Collect from LLP "..." in favor of LLP "...." 1 500 000 ( one million five hundred thousand) tenge guarantee fee, 45,000 (forty-five thousand) tenge penalty, 46 350 (forty six thousand three hundred fifty) tenge state duty.

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