Debt collection | Obligations under a car rental agreement | Rent a car with subsequent purchase

On December 5, 2018, the judge of the Yenbekshikazakh District Court of the Almaty region considered the civil case on the claim in a simplified (written) procedure.: KK to the defendant MEA, TBJ for recovery of the amount of debt Thus, the Plaintiff KK.K. filed a lawsuit against ME.A., TB.Zh. for recovery of the amount of debt under the car rental agreement with subsequent purchase, referring to the fact that on July 02, 2018, between the plaintiff and the defendant, ME.A. a car rental agreement was concluded with subsequent purchase. According to clauses 1 and 2 of the agreement, the "Lessor" undertakes to provide the "Lessee" with the following property for temporary possession and use for a fee, with subsequent redemption upon deduction of the entire value: A Mitsubishi Galant car, built in 1992, identification number /VIN/ No..... body No......., registration number ...FWB02. The specified car belongs to the plaintiff, by right of ownership on the basis of the certificate of registration AS No..... issued on 07/02/2018, issued by the Administrative Division of the Department of Internal Affairs of Almaty. A guarantee agreement has been drawn up with the defendant T.B.Zh. to ensure the obligations of M.E.A. The defendants violated the requirements of the contract and incurred arrears for the rental of a car.

They asked the court to collect jointly with M.E.A., TB.Zh. in favor of the plaintiff the amount of debt in the amount of 1,015,000 tenge, the state fee paid in the amount of 10,550 tenge, and representation expenses in the amount of 20,000 tenge. The defendant TB.Zh. has not submitted a review within the time limits established by law. In accordance with the requirements of clauses 1.2, part 1 of art. 145 of the CPC of the Republic of Kazakhstan, cases are subject to simplified proceedings: for claims for recovery of money, if the price of the claim does not exceed seven hundred monthly calculation indices for legal entities, two hundred monthly calculation indices for individual entrepreneurs, citizens, regardless of the price of the claim for claims based on documents submitted by the plaintiff establishing monetary obligations of the defendant, and (or) on the documents confirming the debt under the contract. The defendant ME.A. has admitted the claim, intends to repay the debt in the spring. Having studied the case materials, examined the evidence presented in the case and assessed them from the point of view of relevance, admissibility and reliability, the judge concluded that it was necessary to satisfy the claim on the following grounds. As can be seen from the case file, on July 02, 2018, a car rental agreement with subsequent purchase was concluded between the plaintiff and the defendant.

Debt collection | Obligations under a car rental agreement | Rent a car with subsequent purchase

According to clauses 1 and 2 of the agreement, the "Lessor" undertakes to provide the "Lessee" with the following property for temporary possession and use for a fee, with subsequent redemption upon deduction of the entire value: A Mitsubishi Galant car, produced in 1992, identification number /VIN/ № ........ bodywork № ........, registration number...FWB02. The specified car belongs to the plaintiff, by right of ownership on the basis of the certificate of registration AS No....issued on 07/02/2018, issued by the Administrative Division of the Department of Internal Affairs of Almaty. A guarantee agreement has been drawn up with the defendant T.B.Zh. to ensure the obligations of M.E.A. The defendants violated the requirements of the contract and incurred arrears for the rental of a car. The court regards these agreements of the parties and the guarantee agreement as proper written evidence in the case. In accordance with paragraphs 1 and 2 of the parties' Lease Agreement, the car was transferred to the defendant for temporary possession and use with payment of 5,500 tenge. According to art . 272 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. In violation of the above-mentioned requirement of the law, the defendant violated the terms of the contract dated July 02, 2018 for the rental of a car with subsequent purchase, namely late payment of the rent of the car.

As a result, the defendants incurred arrears in accordance with clause 3 of the agreement, for daily payment for delay of 56 days in the amount of 308,000 tenge, accrued penalty for delay of 56 days, which amounted to 77,000 tenge for each day of delay in accordance with clauses 22, 23 of the Agreement. Paragraph 31 of the contract stipulates that in case of refusal to fulfill the terms of the contract, as well as in case of premature return of the car, the defendant undertakes to pay a penalty in the amount of 70% of the original cost of the car 700,000 tenge, amounting to 490,000 tenge. According to the receipt dated 09/19/2018, the defendant wrote about the debt in the amount of 140,000 tenge, which he pledged to repay, but did not fulfill his obligations. By virtue of paragraph 1 of Article 329 of the Civil Code of the Republic of Kazakhstan, by virtue of a guarantee, the guarantor is obligated to the credit of another person (debtor) to be responsible for fulfilling the obligations of this person in whole or in part in solidarity with the debtor, except in cases provided for by legislative acts.

In such circumstances, the court considers the plaintiff's claims to recover from the defendants in solidarity the amount owed for the rental of a car to be justified and subject to satisfaction. By virtue of Articles 109, 113 of the Civil Procedure Code of the Republic of Kazakhstan, the party in whose favor the court decision was made is liable for all incurred court costs in the case. IV. OPERATIVE PART: Guided by Articles 223-226 of the Civil Procedure Code, the Court of the Republic of Kazakhstan: Claims of KK to MEA, TBJ for the recovery of the amount of debt - satisfy. Collect in solidarity with the MEA, TBJ in favor of KK 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.

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