Court order to collect the amount of debt | Collection of funds in court | Obligations under a notarized transaction.
The judge of the Almaty District Court of Astana, Zhetibaev Zh.K., having considered the application of the CAC to the ICM for a court order to recover the amount of the debt. The applicant applied to the court to recover from the debtors the amount of debt in the amount of 1,100,000 tenge. Having studied the application and the submitted materials, it was established that the application for a court order to recover funds is subject to satisfaction. According to paragraph 1 of Article 135 of the Civil Procedure Code of the Republic of Kazakhstan, a court order is issued on the requirements for the fulfillment of an obligation based on a notarized transaction. According to the notarized loan agreement, it was established that on 10.11.2016 a loan agreement was concluded between the parties in the amount of 1,100,000 tenge, with a repayment period until 01.12.2016. However, the debtor was unable to repay the debt according to the established schedule, which resulted in arrears under the loan agreement in the amount of 1,100,000 tenge.
Court order to collect the amount of debt | Collection of funds in court | Obligations under a notarized transaction.
In accordance with the above-mentioned norms of the procedural law, the debt in the amount of 1,100,000 tenge is subject to recovery from M.K.M. in favor of S.A.S., as based on an indisputable claim. By virtue of clause 10, clause 1, Article 535 of the Tax Code of the Republic of Kazakhstan, the state duty rate for individuals is 0.5% of the required amount from applications for a court order. Based on the above, guided by Articles 272, 349, 715, 722 of the Civil Code of the Republic of Kazakhstan, Articles 109, 134, 139-141, 143 of the CPC of the Republic of Kazakhstan, the Court ordered: To recover from MKM, born on 05.12.1976, (IIN.....), residing at the address: Astana, village. And......, st. 135, 3 (cell. 8700....) in favor of SAS, born on December 23, 1983, (IIN ....), residing at the address: Astana, st....., 34, sq. 27 (cell. 8701..) the amount of debt in the amount of 1,100,000 (one million one hundred thousand) tenge and the amount of state duty in the amount of 5,500 (five thousand five hundred) tenge. A court order has the force of an enforcement document.
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