Invalidation of the bank loan agreement | Refund of the amount of the paid loan servicing fee | Recovery of court and representation expenses
The Medeu District Court of Almaty, having considered in open court the civil case on the claim of SHI against ATF Bank Joint Stock Company for invalidation of clause 3 of clause 5 of the bank loan agreement No.L0710-1107-2017 dated March 15, 2017, concluded between ATFBank JSC and SHI; recovery from ATFBank JSC in favor of Shukurbekov, Iskakbek is charged the amount of the paid loan servicing fee and court costs to repay the principal debt. By the decision of the Medeu District Court Almaty, April 05, 2019, SHI's claim against ATFBank Joint Stock Company was partially satisfied, namely: clause 3, clause 5 of the bank loan agreement No.L0710-1107-2017 dated March 15, 2017, concluded between ATFBank JSC and SHI, was declared invalid; recovered from ATFBank JSC in favor of The costs of paying the state fee in the amount of KZT 6,689 (six thousand six hundred and eighty-nine), and the rest of the claim was denied. By the ruling of the Medeu District Court of Almaty dated June 03, 2019, corrections of descriptions and obvious arithmetic errors were made to the court decision. The paragraph stating that "the plaintiff's representative Sarzhanov G.T., having supported the plaintiff's claims, asked the court in a written statement to consider the case without their participation," was deleted from the descriptive part of the court's decision, and it was also stated that the operative part of the decision should be read correctly - "To recover payment costs from ATFBank JSC in favor of SHI state duty in the amount of 1,263 (one thousand two hundred and sixty-three) tenge" instead of "6,689 (six thousand six hundred and eighty-nine) tenge".
Invalidation of the bank loan agreement | Refund of the amount of the paid loan servicing fee | Recovery of court and representation expenses
The plaintiff Sh.I. applied to the court for an additional decision and asks the court to recover in his favor from JSC ATF Bank 148,557 tenge the amount of the loan servicing commission paid. At the hearing, the plaintiff, SHI., supported his statement and asked for it to be satisfied. Representatives of the defendant ATF Bank JSC did not appear at the court hearing, however, their non-appearance is not an obstacle to the consideration of the application in accordance with art. 236 part 2 of the CPC. It follows from the case file that a bank loan agreement No. L0710-1107-2017 dated March 15, 2017 (DAL Agreement) was concluded between the plaintiff and the defendant, under the terms of which the defendant provided the plaintiff with a bank loan in the amount of 2,153,158.67 tenge for consumer purposes not related to business activities, including payment of a commission to the bank for arranging a loan withdrawn by the bank from the account by direct debit. The loan term of 84 months with the payment of interest for the use of the loan is 20.50% per annum of the loan amount, while the annual effective interest rate is 28.5% per annum. Subparagraph 3 of paragraph 5 of the Agreement establishes monthly, on the same dates as determined by the payment schedule for repayment of the loan, the loan servicing fees related to loan servicing are KZT 6,459.48. According to the repayment schedule (Appendix No. 1) to the Loan Agreement, the commission for opening and maintaining current accounts related to loan servicing is 542,596.32 tenge (6,459.48 tenge per month). In accordance with part 1 of Article 72 of the Civil Procedure Code of the Republic of Kazakhstan (hereinafter CPC), each party must prove the circumstances to which it refers as the grounds for its claims and objections, use remedies, assert, challenge facts, provide evidence and objections to evidence within the time limits set by the judge, which correspond to the fair conduct of the process. and they are aimed at promoting production. Each piece of evidence is subject to assessment, taking into account its relevance, admissibility, and reliability, and all the evidence collected together is sufficient to resolve a civil case (Part 1 of Article 68 of the CPC).
In accordance with art. 236, part 1, paragraph 1 of the CPC, the court that issued the decision on the case may, at the request of the persons participating in the case or on its own initiative, make an additional decision in the following cases: if no decision has been made on any demand on which the persons participating in the case presented evidence and provided explanations. The plaintiff, I. Shukurbekov, submitted to the court receipts for the payment of the loan, where the loan servicing fee is 148,557 tenge, and therefore ATFBank JSC in favor of I. Shukurbekov. The amount of the paid loan servicing fee in the amount of KZT 148,557 is subject to collection due to repayment of the principal debt. According to Article 109 of the CPC, the court awards all court costs incurred in the case to the party in whose favor the decision was made. Based on the above and guided by Articles 223-226, 236 of the CPC, the court DECIDED: To satisfy SHI's application. To make an additional decision in the civil case on SHI's claim against ATF Bank Joint Stock Company for invalidation of the claim. 3, clause 5 of the bank loan agreement No. L0710- 1107-2017 dated March 15, 2017, concluded between ATFBank JSC and SHI; recovery from ATFBank JSC in favor of SHI due to repayment of the principal debt of the amount of the paid loan servicing fee and court costs. To collect from ATFBank JSC in favor of SHI, in order to repay the principal debt, the amount of the paid loan servicing fee in the amount of 148,557 (stio forty-eight thousand five hundred and fifty-seven) tenge. To recover from ATFBank JSC in favor of SHI the costs of paying the state duty in the amount of 1,486 (one thousand four hundred and eighty-six) tenge to ATFBank Joint Stock Company was partially satisfied, namely: clause 3 of clause 5 of the bank loan agreement No. L0710-1107-2017 dated March 15, 2017 was declared invalid, concluded between ATFBank JSC and SHI; the costs of paying the state fee in the amount of KZT 6,689 (six thousand six hundred and eighty-nine) were recovered from ATFBank JSC in favor of SHI, and the rest of SHI's claim was denied.
By the ruling of the Medeu District Court of Almaty dated June 03, 2019, corrections of descriptions and obvious arithmetic errors were made to the court decision. The paragraph stating that "the plaintiff's representative, G.T. Sarzhanov, was excluded from the descriptive part of the court's decision. having supported the plaintiff's claims, he asked the court in a written statement to consider the case without their participation," and it is also indicated that the operative part of the decision should be read correctly - "To recover from ATFBank JSC in favor of SHI the costs of paying the state fee in the amount of 1,263 (one thousand two hundred and sixty-three) tenge" instead of "6,689 (six thousand six hundred eighty-nine) tenge". The plaintiff Sh.I. applied to the court for an additional decision and asks the court to recover in his favor from JSC ATF Bank 148,557 tenge the amount of the loan servicing commission paid. At the hearing, the plaintiff Sh.I. supported his statement and asked him to satisfy it. Representatives of the defendant ATF Bank JSC did not appear at the court hearing, however, their non-appearance is not an obstacle to the consideration of the application in accordance with art. 236 part 2 of the CPC. It follows from the case file that a bank loan agreement No. L0710-1107-2017 dated March 15, 2017 (DAL Agreement) was concluded between the plaintiff and the defendant, under the terms of which the defendant provided the plaintiff with a bank loan in the amount of 2,153,158.67 tenge for consumer purposes not related to business activities, including payment of a commission to the bank for arranging a loan withdrawn by the bank from the account by direct debit. The loan term of 84 months with the payment of interest for the use of the loan is 20.50% per annum of the loan amount, while the annual effective interest rate is 28.5% per annum.
Invalidation of the bank loan agreement | Refund of the amount of the paid loan servicing fee | Recovery of court and representation expenses
Subparagraph 3 of paragraph 5 of the Agreement establishes monthly, on the same dates as determined by the payment schedule for repayment of the loan, the loan servicing fees related to loan servicing are KZT 6,459.48. According to the repayment schedule (Appendix No. 1) to the Loan Agreement, the commission for opening and maintaining current accounts related to loan servicing is 542,596.32 tenge (6,459.48 tenge per month). In accordance with part 1 of Article 72 of the Civil Procedure Code of the Republic of Kazakhstan (hereinafter CPC), each party must prove the circumstances to which it refers as the grounds for its claims and objections, use remedies, assert, challenge facts, provide evidence and objections to evidence within the time limits set by the judge, which correspond to the fair conduct of the process. and they are aimed at promoting production. Each piece of evidence is subject to assessment, taking into account its relevance, admissibility, and reliability, and all the evidence collected together is sufficient to resolve a civil case (Part 1 of Article 68 of the CPC). In accordance with art. 236, part 1, paragraph 1 of the CPC, the court that issued the decision on the case may, at the request of the persons participating in the case or on its own initiative, make an additional decision in the following cases: if no decision has been made on any demand on which the persons participating in the case presented evidence and provided explanations. The plaintiff is Sh.I. loan payment receipts were submitted to the court, where the paid loan servicing fee is 148,557 tenge, and therefore the amount of the paid loan servicing fee in the amount of 148,557 tenge is to be recovered from ATFBank JSC in favor of Sh.I. due to repayment of the principal debt.
According to Article 109 of the CPC, the court awards all court costs incurred in the case to the party in whose favor the decision was made. Based on the above and guided by Articles 223-226, 236 of the CPC, the court DECIDED: To satisfy SHI's application. To make an additional decision in the civil case on SHI's claim against ATF Bank Joint Stock Company for invalidation of clause 3, clause 5 of the bank loan agreement No. L0710- 1107-2017 dated March 15, 2017, concluded between ATFBank JSC and SHI; recovery from ATFBank JSC in favor of SHI due to repayment of the principal debt of the amount of the paid loan servicing fee and court costs. To collect from ATFBank JSC in favor of SHI, in order to repay the principal debt, the amount of the paid loan servicing fee in the amount of 148,557 (stio forty-eight thousand five hundred and fifty-seven) tenge. To collect from ATFBank JSC in favor of SHI the costs of paying the state duty in the amount of 1,486 (one thousand four hundred eighty-six) tenge.
#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
