Mediation agreement on the recognition of the loan agreement as null and void and on the recovery of the amount owed

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MEDIATION AGREEMENT

Almaty "22" September 20.... years

In, proceedings of the court No.2 Auezovsky district of Almaty, Judge Izmailova R.V., there is a civil case №........./.... dated 11.06.2020 according to the Statement of Claim ............... to THE LLP ".................." on the recognition of the loan agreement as void (invalid). During the consideration of the above case from the LLP "...................." A counterclaim was filed to recover the amount owed. The plaintiff ............... IIN 8.................8, hereinafter referred to as "Party − 1" and Respondent LLP "......." BIN: ........... hereinafter referred to as Party - 2, collectively referred to as the "Parties", have concluded this Mediation Agreement on the following: The Parties have concluded a mediation agreement in a civil case on the claim of Party -1 to Party -2 for declaring the loan agreement void (invalid), as well as on the counterclaim of Party -2 to Party -1 for collecting the amount of debt.

In order to resolve the conflict, each Side has softened its position, and the Parties want to formalize the resolution of disputes through settlement through the signing of a Mediation agreement. The parties (plaintiff, defendant) have agreed on the following: Civil dispute on the issue of recognition of the loan agreement no....... as of February 13, 2020 (hereinafter referred to as the Agreement), void (invalid), as well as upon a counterclaim for recovery of the amount owed, the Parties resolve as follows:

Mediation agreement on the recognition of the loan agreement as null and void and on the recovery of the amount owed

Party-1, in connection with the conclusion of this Mediation Agreement, completely waives its stated claims against Party-2 and, inclusive, by October 10, 2020, undertakes to pay under the Agreement funds for the principal debt of 1,500,000 tenge and 100,000 tenge remuneration for a total of 1,600,000 tenge.

Party-2, in connection with the conclusion of this Mediation Agreement, completely waives its stated claims against Party-1 and undertakes, inclusive of October 10, 2020, to accept funds from Party -1 under the Agreement for the principal debt of 1,500,000 tenge and 100,000 tenge remuneration for a total of 1,600,000 tenge, thus considering the obligations under Contract and immediately release from encumbrance the 2011 Toyota Avensis car ......EWP, VIN no......., Technical passport AN no. 0....... dated 07.11.2012, Metallic Silver, under the Pledge Agreement for movable property No..... February 13, 20..... a year after full repayment of the debt in the amount of 1,600,000 tenge.

In case of non-fulfillment of obligations by Party-1 to repay debts in the amount of 1,600,000 tenge by October 10, 2020 inclusive, the parties agreed that Party -1 agrees to remuneration in the amount of 360,000 tenge, the total debt will amount to 1,860,000 tenge. Party-2 has the right to receive a writ of execution for debt collection in the amount of 1,860,000 tenge, in case of non-fulfillment by Party-1 of the terms of this Mediation Agreement by October 10, 2020 inclusive.

The parties were informed of the consequences of the conclusion and approval by the court of a Mediation agreement and the termination of the proceedings provided for in Articles 277-278 of the CPC RK, namely, in the event of termination of the proceedings, a second appeal to the court on a dispute between the same parties, on the same subject and on the same grounds is not allowed.

The Party -1 on the statement of claim to the Party -2 on the recognition of the loan agreement as void (invalid), as well as the Party -2 on the counterclaim to the Party -1 on the recovery of the amount of debt, the named Parties are not entitled to re-apply to the court on the above-mentioned Statements of Claim.

6. The Parties confirm that the conclusion of this Mediation Agreement does not contradict the law and does not violate anyone's rights, freedoms and legitimate interests. 7. The text of this Settlement Agreement has been studied and read by the Parties, the agreement has been drawn up in three copies, one for each party and one copy for submission to the court for approval and storage in the materials of this civil case.

The parties, in accordance with the requirements of Articles 174-178 of the Civil Procedure Code of the Republic of Kazakhstan, request the presiding judge in the case in which this civil case is pending to approve this Mediation Agreement and terminate the proceedings, attach this Mediation Agreement to the materials of the civil case.

This Mediation Agreement is subject to execution based on the principles of voluntariness and good faith of the Parties.

If this Agreement is not voluntarily executed, it is subject to compulsory execution on the basis of a writ of execution issued by the court at the request of the person who concluded this mediation agreement.

The party 1 __________________ Side 2                  __________________

Mediation agreement on the recognition of the loan agreement as null and void and on the recovery of the amount owed

To the District Court no.2 Auezovsky district of Almaty To Judge Izmailov R.V. Almaty, Auezovsky district, Kuanyshbayeva str., 44-A, micr. "2. 8 727 333 12 02. From the defendant: .................. IIN ……………………… Proxy representative: Law and Law Law Company LLP BIN 190240029071 Almaty, 79/71 Abylai Khan Ave., office 304 info@zakonpravo.kz / www.zakonpravo .kz + 7 727 978 5755; +7 700 978 5755. Petition for approval of the mediation agreement In court proceedings no.2 Auezovsky district Almaty Judge Izmailova R.V., there is a civil case No. 7540-20-00-2/1978 dated 11.06.2020 on the Statement of Claim ..................... to Avtolombard Quick finance LLP on the recognition of the loan agreement as void (invalid). During the consideration of the above case, Avtolombard Quick finance LLP filed a counterclaim to recover the amount owed. Currently, the parties are asking the court to rule on the approval of the Mediation Agreement and the termination of the proceedings.

The party 1 __________________ Side 2 __________________ 

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. 

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