Debt collection | improper fulfillment of obligations
On July 02, 2018, between K/k.K. (hereinafter the Lessor) and M.E.A. (hereinafter the Lessee) A car rental Agreement was concluded with subsequent purchase (hereinafter referred to as the Agreement). According to paragraphs 1 and 2 of the Agreement, the "Lessor" undertakes to provide the "Lessee" with temporary possession and use for a fee, with subsequent redemption upon payment of the entire value, the following property: Mitsubishi Galant car, 1992 model year, identification number (VIN) no. JMB........, body JMBL No......., registration number № 2..........2. The specified car belongs to the "Lessor" by right of ownership on the basis of the Certificate of Registration AS No. 00.... issued on 07/02/2018, issued by the Administrative Division of the Department of Internal Affairs of the city of Almaty. The lessee has not fulfilled its obligations, in addition, unilaterally refused to fulfill its obligations. The tenant, having driven the car in faulty technical condition to the Landlord's place of residence, without explaining the reasons, arbitrarily left the car and left after which he did not appear and does not want to somehow settle the Contractual relationship.
After that, the Landlord repaired all the technical malfunctions of the above-mentioned car at his own expense. Based on the arguments outlined, we believe that the terms of the agreement dated July 02, 2018 for the rental of a car with subsequent purchase were violated, namely, the late payment of the rent of the car. As a result, the Tenant has a monthly payment debt of 140,000 tenge. Paragraph 31 of the Agreement stipulates that in case of refusal to fulfill the terms of the agreement, as well as in case of premature return of the car, the "Lessee" undertakes to pay a penalty in the amount of 70% of the original cost of the car 700,000 (seven hundred thousand) tenge. The total amount owed by the Tenant to the Landlord was 840,000 tenge. Currently, the Lessee is not fulfilling its obligations (Violation of an obligation is defined as non-fulfillment or improper fulfillment (untimely, with defects in goods and works, in violation of other conditions defined 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. Thus, the Tenant caused real material and moral harm to the Landlord and his family. They demanded that the Tenant return the funds in the amount of 840,000 tenge as soon as possible. Due to the Tenant's failure to fulfill his obligations, we have the opinion that his actions are aimed at seizing property by deceiving and abusing the Landlord's trust. The Tenant was offered to return funds in the amount of 840,000 tenge to the Landlord by August 31, 2018. If the Tenant does not return the funds within the specified period, we reserve the right to apply to the court on this issue.
As well as to recover the amount of material (losses and penalties, Article 351 of the Civil Code of the Republic of Kazakhstan) and moral damage and/or apply to other competent authorities. 152 and 279 of the Civil Procedure Code of the Republic of Kazakhstan and Article 402 of the Civil Code of the Republic of Kazakhstan, stipulating that the judge returns the statement of claim and the court leaves the statement of claim without consideration if the plaintiff has not complied with the pre-trial procedure established by law for this category of cases, the mandatory procedure for preliminary pre-trial dispute resolution and the possibility of this procedure has not been lost and preserved. Since this procedure is not prohibited by any of the regulatory acts of the Republic of Kazakhstan, we hope that our further cooperation with you will continue on mutually beneficial and mutually acceptable terms. In addition, according to the Agreement, a Guarantor was provided for under this Agreement in accordance with paragraph 3, Article 331 of the Civil Code of the Republic of Kazakhstan. The written form of the guarantee or surety agreements, the Guarantor wrote a Guarantee Obligation on June 13, 2018, which was certified by a Notary, as evidenced by the corresponding Guarantee Obligation dated June 13, 2018 in the appendices, where the Guarantor pledged that, the Guarantor and gr. T.B. J., 16.09.Born in 1963, a native of East Kazakhstan region, NIN......, a citizen of the Republic of Kazakhstan, I hereby commit myself to gr. K.K.K., 11.07..... year of birth, IIN....., a native of Almaty, to fulfill the obligations of gr. gr.M. E.A. under a lease agreement with subsequent purchase of a car, in case of non-fulfillment of gr. M.E.A., born on 12/21/1989, IIN 8........, a native of the Almaty region, his obligations under the lease agreement with the subsequent purchase of a Mitsubishi Galant car, 1992 model year, identification number (VIN) no. JMBL........... registration number 2........2 in the amount of 2,970,000 (two million nine hundred and seventy thousand) tenge. In the future, you will not have any complaints. To date, the Tenant has not fulfilled its obligations, in addition, unilaterally refused to fulfill its obligations. The tenant, having driven the car in faulty technical condition to the Landlord's place of residence, without explaining the reasons, arbitrarily left the car and left after which he did not appear and does not want to somehow settle the Contractual relationship.
Debt collection | improper fulfillment of obligations
Article 329 of the Civil Code of the Republic of Kazakhstan, "Guarantee". By virtue of the guarantee, the guarantor is obligated to the creditor of another person (the debtor) to be responsible for fulfilling the obligations of this person in full or in part in solidarity with the debtor, except in cases provided for by legislative acts. The persons who jointly gave the guarantee are jointly and severally liable to the creditor, unless otherwise stipulated by the guarantee agreement. A guarantee agreement may also be concluded to secure an obligation that arises in the future. Article 332 of the Civil Code of the Republic of Kazakhstan. "Responsibility of the guarantor and the guarantor" item 2. It states that the guarantor is liable to the creditor to the same extent as the debtor, including the payment of penalties, remuneration (interest), legal fees for debt collection and other losses of the creditor caused by non-fulfillment or improper fulfillment of obligations by the debtor, unless otherwise provided by the guarantee agreement. However, our above-mentioned claim from the Debtors was not satisfied, and subsequently we sent a Statement of Claim to the court to recover the amount owed. On December 5, 2018, the judge of the Yenbekshikazakh District Court of the Almaty region, having considered a civil case on debt recovery in accordance with Articles 223-226 of the CPC in simplified (written) proceedings, the court decided to satisfy the claims of K.K. to M.E.A., T. B.J. on debt recovery. Collect in solidarity with M.E.A., T.B.Zh. in favor of K.K.K. 1,015,000 / one million fifteen thousand / tenge, paid state duty in the amount of 10,550 / ten thousand five hundred fifty / tenge, representative expenses in the amount of 20,000 / twenty thousand / tenge. In addition, at our Request for interim measures to be taken by the court, the court granted and adopted a judicial act imposing encumbrances on all movable and immovable property.
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