Litigation | Debt Recovery Lawyer | Repayment of debt issued on receipt
On September 13, 2016, the Turksib District Court of Almaty, having considered in open court in Russian, in the courtroom, a civil case on TMJ's claim against SHAV for debt collection, the court FOUND that TM. filed a lawsuit to recover from SHA. the amount of debt in the amount of 554,000 tenge, explaining its claims by the fact that on June 25, 2013, the defendant borrowed from her an amount of money in the amount of 554,000 tenge, which she wrote a receipt for. According to this receipt, SHA. She was obliged to return the specified amount by December 25, 2013, but did not return the funds. To all demands for a refund, the defendant is dissuaded by breakfast or financial difficulties. At the hearing, plaintiff TM., having supported the claims, testified that she had sent a claim to the defendant's residential address for repayment of the debt, which has so far remained unanswered and obligations fulfilled. She asked to satisfy the claims and recover the amount of the debt from the defendant. The defendant is SHA. She did not attend the court session for reasons unknown to the court, although she was duly informed of the day and time of the hearing. She did not report any valid reasons for her failure to appear in court. The court did not receive an application for consideration of the case in her absence. 256 of the Civil Procedure Code of the Republic of Kazakhstan, the court considers it necessary to consider this case in the absence of the defendant in absentia, since the plaintiff does not object to this. Litigation | Debt Recovery Lawyer | Repayment of the debt issued on receipt by the Court, after hearing the plaintiff's explanations, examining the presented evidence individually and collectively, determining the circumstances to be proved for an objective consideration of the case, considers the claims to be satisfied on the following grounds: According to art. 272 of the Civil Code of the Republic of Kazakhstan, the obligation must be fulfilled properly in accordance with the terms of the obligation and the requirements of the legislation. If an obligation provides for a period of time during which it must be fulfilled, the obligation must be fulfilled at any time within such period (paragraph 1 of Article 277 of the Civil Code of the Republic of Kazakhstan).
Litigation | Debt Recovery Lawyer | Repayment of debt issued on receipt
As follows from the case file, according to the receipt dated 07/25/2013, Shiryaeva A. borrowed an amount of 554,000 tenge from the plaintiff, pledging to repay it on 12/25/2013. Thus, the legal relationship between TM. and SHA. arose as a result of the conclusion of a loan agreement between the parties, since according to clause 2 of Article 716 of the Civil Code of the Republic of Kazakhstan, a loan agreement is recognized as concluded in proper written form also if there is a bond, a receipt from the borrower, or other document certifying the transfer of a certain amount or a certain number of things by the lender. According to paragraph 1 of art. 722 of the Civil Code of the Republic of Kazakhstan, the borrower is obliged to repay the loan item in accordance with the procedure and terms stipulated by the agreement. Based on the meaning of the receipt, the defendant undertook to return the amount received on 25.12.2013. However, despite the existing obligations of the defendant to repay the remaining amount of the debt within the time period determined between the parties, these obligations have not been fulfilled. To date, they have not been fulfilled and the amount of debt in the amount of 554,000 tenge has not been returned. Due to the defendant's failure to appear at the court hearing, judicial disputes | Lawyer for debt collection | Repayment of the debt issued on the basis of a receipt for the absence of an objection to the statement of claim, the court considered a civil case based on the evidence available in the case file provided by the plaintiff's side.
Based on this, the court collects from the defendant the amount of debt in the amount of 554,000 tenge, thereby satisfying the plaintiff's claims. According to paragraph 1 of Article 109 of the Civil Procedure Code of the Republic of Kazakhstan, the court awards to the party in whose favor the decision was made, on the other hand, all court costs incurred in the case. Since the court's decision was in favor of the plaintiff, the court considers it necessary to recover from the defendant the court costs of paying the state fee in proportion to the satisfied claims in the amount of 5,540 tenge. Based on the above, and guided by art. 256-258 CPC of the Republic of Kazakhstan, the court DECIDED: To satisfy the claims of the Ministry of Justice of the Russian Federation to the SHAV for the recovery of the amount owed. To collect from the SHAV in favor of the TMJ the amount of debt in the amount of 554,000 (five hundred and fifty-four thousand) tenge and court costs for the payment of the state fee in the amount of 5,540 (five thousand five hundred and forty) tenge.
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