Collection of the amount owed under the loan agreement | Contractual relations for the provision of funds in debt | Fulfillment of obligations under the receipt
District Court no.2 of the Auezovsky district of Almaty, having considered, in a simplified (written) procedure, a civil case on the claim of K./Z. to R.M. for the recovery of the amount owed. Having studied the materials of the civil case and assessed the evidence in its entirety, the court came to the following conclusion. According to Article 271 of the Civil Code of the Republic of Kazakhstan, obligations arise from a contract, injury or other grounds specified in Article 7 of the Civil Code of the Republic of Kazakhstan. In accordance with Article 272 of the Civil Code of the Republic of Kazakhstan, the obligation must be fulfilled properly in accordance with the terms of the obligation and the requirements of the law. According to art . 715 of the Civil Code of the Republic of Kazakhstan, under a loan agreement, one party transfers money to the other party, and the borrower undertakes to return the same amount to the lender in a timely manner. The court found that there was a contractual relationship between the plaintiff and the defendant for the provision of funds in debt, which were issued with a receipt. According to the receipt dated 07/30/2019, R.M. borrowed from the plaintiff an amount of 10,000,000 tenge for a period up to 08/12/2019. According to art.716 of the Civil Code of the Republic of Kazakhstan, a loan agreement is recognized as concluded in proper written form also if there is a bond, a borrower's receipt or other document certifying the transfer of a certain amount or a certain number of things by the lender. In accordance with art. 268 of the Civil Code of the Republic of Kazakhstan, when signing the specified receipt, RM had obligations to K.A.Z., which he did not fulfill within the time limits stipulated in the contract.
Collection of the amount owed under the loan agreement | Contractual relations for the provision of funds in debt | Fulfillment of obligations under the receipt
In accordance with Article 717 of the Civil Code of the Republic of Kazakhstan, a loan agreement is considered concluded from the moment of transfer of money or things, unless otherwise provided by this Code or the agreement of the parties. In accordance with article 272 of the Civil Code of the Republic of Kazakhstan, the obligation must be fulfilled properly in accordance with the terms of the obligation and the requirements of the legislation. Article 273 of the Civil Code of the Republic of Kazakhstan provides for the inadmissibility of unilateral refusal to fulfill obligations. In accordance with Article 722 of the Civil Code of the Republic of Kazakhstan, the borrower is obliged to repay the loan item in accordance with the procedure and terms stipulated by the agreement. According to art. 349 Part 2 of the Civil Code of the Republic of Kazakhstan, the debtor is held liable for breach of an obligation at the request of the creditor, which in this case is fulfilled by the plaintiff. Consequently, the plaintiff's claims regarding the payment of the debt amount are justified and must be satisfied. According to art.15 of the CPC RK, the court is completely exempt from collecting evidence on its own initiative in order to establish the factual circumstances of the case. In accordance with paragraph 2 of art. 225 of the CPC RK, the court resolves the case within the limits of the plaintiff's claims. 109 of the CPC RK, the party in whose favor the decision was made, the court awards, on the other hand, all court costs incurred in the case.
Collection of the amount owed under the loan agreement | Contractual relations for the provision of funds in debt | Fulfillment of obligations under the receipt
113 of the CPC RK, at the request of the party in whose favor the decision was made, the court awards, on the other hand, the costs incurred by her to pay for the assistance of a representative (several representatives). Guided by articles 223-226 of the Civil Procedure Code of the Republic of Kazakhstan, the court DECIDED to satisfy the claims. To collect from the Republic of Moldova in favor of Kazakhstan the amount of debt in the amount of 10,000,000 tenge, the refund of the state duty in the amount of 100,000 tenge, the costs of paying for the assistance of a representative in the amount of 200,000 tenge, a total of 10,300,000 (ten million three hundred thousand) tenge. In addition, the plaintiff's Representative petitioned the court to secure the claim by seizing the defendant's movable and immovable property within the limits of the stated claims, as well as all of the defendant's bank accounts. Having studied the case materials and the applicant's claims, the court comes to the following conclusion. At the request of the parties to the arbitration or arbitration proceedings participating in the case, the court, in accordance with Article 156 of the CPC RK, may take measures to secure the claim. Securing a claim is allowed in any situation where failure to take such measures may make it difficult or impossible to enforce a court decision.
According to paragraph 12 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated January 12, 2009 No. 2 "On the adoption of interim measures in civil cases", the adoption of such an interim measure as the seizure of property belonging to the defendant is allowed in cases where the plaintiff has made claims arising from contractual, delicate or other property-related legal relations that must be satisfied for the debtor's property account. According to paragraph 13 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 2 dated 12.01.2009 "On the adoption of interim measures in civil cases", the court has the right to take several interim measures at the same time, if this will most effectively ensure the execution of the court's decision and the protection of the violated legitimate rights and interests of the plaintiff. Based on the nature of the property dispute that has arisen between the parties, the court considers that the plaintiff's request for measures to secure the claim is subject to partial satisfaction.
Collection of the amount owed under the loan agreement | Contractual relations for the provision of funds in debt | Fulfillment of obligations under the receipt
Based on the above, guided by art. 156, 268, 269 OF THE CPC RK, the court DETERMINED: In order to secure the claim, to seize all movable and immovable property registered on the right of ownership, belonging to the Republic of Moldova, IIN....., including funds held in banks and other organizations engaged in certain types of operations wherever it is located and in whatever form, within the amount of claims in the amount of KZT 10,000,000 (ten million), (except for the seizure of money held in the bank's correspondent account and property subject to repo transactions, the methods of open bidding concluded in the trading systems of the organizers of the auction, as well as for the money held in bank accounts to which the salary amounts are received). The ruling is subject to immediate execution.
#Lawyer #Lawyer #Legal service #Legal advice #Defense Company #Law Firm #Civil #Criminal #Administrative #Arbitration cases disputes #Almaty #Kazakhstan
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.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
