Compensation of losses under the contract for the provision of paid services
On October 20, 2018, a contract for the provision of paid services was concluded between the plaintiff and the defendant, according to which the defendant undertook to install a balcony group in the apartment owned by the plaintiff's daughter, N.G.B., at the address: g. Gitikara, ...... the plaintiff wanted to give her daughter a gift in the form of this balcony group. The defendant explained to the plaintiff that if the plaintiff pays in full for his services, then the production time for my order will be 7 days. On the same day, 20.10.2018, the plaintiff fully paid the defendant the cost of installing the balcony group in the amount of 184,000 tenge. However, to date, the defendant has been evading his obligations. The plaintiff repeatedly appealed to the defendant with a demand to fulfill the obligations under the contract, and in response he promised the plaintiff to do everything "tomorrow". On 15.10.2018, the plaintiff appealed to the Department of Internal Affairs of the city of Zhitikary and the district to take measures against the defendant, however, as a result of the review of my appeal, no measures were taken against the defendant and I was advised to file a civil claim with the court.According to art. 627 of the Civil Code of the Republic of Kazakhstan (Special part):1. The customer has the right to check the progress and quality of the work at any time, without interfering with the contractor's activities. 2. If the contractor does not start executing the contract in a timely manner or performs the work so slowly that its completion by the deadline becomes clearly impossible, the customer has the right to withdraw from the contract and demand compensation for damages. The term of the contract between me and the defendant expired on 28.10.2018. Based on the above, we asked the court: - To recover Import from the defendant, an individual entrepreneur represented by Director B.D.T. in my favor, the amount of damages caused to the plaintiff in the amount of 184,000 tenge and court costs for the payment of state duty in the amount of 1,840 tenge, the bank's commission in the amount of 150 tenge, the payment of legal assistance for the preparation of a statement of claim in the amount of 5,000 tenge, a total of 190,990 tenge. - To interrogate as a witness N.G.B., who lives at the address: g. Gitikara......
Compensation of losses under the contract for the provision of paid services
Subsequently, the court considered in open court a civil case on the claim of N.Z.H. to B.D.T. for damages under a contract for the provision of paid services. Having examined the case materials, the court noted: During the court session, the parties submitted for court approval a settlement agreement concluded between them on the terms: 1. Defendant B.D.T. recognizes the amount of outstanding obligations in the amount of 210,990 tenge and court costs and undertakes to voluntarily repay this amount by April 30, 2019, within 3 months, in monthly payments of 70,330 tenge by February 28, 2019, March 31, 2019 and April 30, 2019. 2. Plaintiff N.Z.X agrees to receive the amount of 210,990 tenge, by April 30, 2019, in monthly payments of 70,330 tenge, by February 28, 2019, March 31, 2019 and April 30, 2019. Acknowledges the amount of damages and court costs in the amount of 100,000 tenge and undertakes to voluntarily return L.R.I. to the plaintiff. the amount of damages and court costs in the amount of 100,000 tenge until February 15, 2019. The terms of the settlement agreement are recorded in the minutes of the court session and the consequences of approving the settlement agreement and terminating the proceedings provided for in Articles 277-278 of the CPC RK are explained to the parties. Considering that the terms of the settlement agreement concluded by the parties are not contrary to the law, committed in the interests of both parties, the fulfillment of the terms of the settlement agreement does not violate the interests of other persons and guided by art. art. 277, paragraph 6 278 of the CPC RK, the court; O P R E D E L I L: To approve the settlement agreement concluded between N.Z.H. and B.D.I. according to which: 1. Defendant B.D.T. acknowledges the amount of unfulfilled obligations in the amount of 210,990 tenge and court costs and undertakes to voluntarily repay this amount by April 30, 2019, within 3 months, in monthly payments of 70,330 tenge by February 28, 2019, March 31, 2019 and April 30, 2019. 2. Plaintiff N.Z.X agrees to receive the amount of 210,990 tenge, by April 30, 2019, in monthly payments of 70,330 tenge, by February 28, 2019, March 31, 2019 and April 30, 2019. acknowledges the amount of damages and court costs in the amount of 100,000 tenge and undertakes to voluntarily return to the plaintiff L.R.I. the amount of damages and court costs in the amount of 100,000 tenge by February 15, 2019.
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