Objection to the respondent's withdrawal of the debt amount
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Medeu District Court of Almaty to Judge Baymakulova S.N.
Almaty, Nusupbekov St./Turgenskaya, 34 + 7 727 333 13 02
from the Plaintiff: N.M.M. IIN......
Proxy representative: Law and Law Law Company LLP
BIN 190240029071 Almaty, 79 Abylai Khan ave., office 304.
info@zakonpravo.kz / www.zakonpravo.kz + 7 727 971 78 58; +7 708 971 78 58.
The defendant: R.A. IIN ......... Almaty, ul...., 2. +7 777 ....
Objection
to the response of the defendant on the recovery of the amount owed
In your proceedings, there is a civil case registered for No. 7517-19-00-2/7607 dated 03/19/2019 on the claim of N.M.M. (hereinafter referred to as the plaintiff) to R.A. (hereinafter referred to as the defendant) for the recovery of the amount owed. A response was submitted to the said Statement of Claim by the Defendant. Dear court, we do not agree with the arguments indicated in the respondent's response and we consider the arguments to be unsubstantiated and unjustified. We would like to draw the court's attention to the following facts: In the review, the defendant indicates a loan agreement dated 22.10.2015 drawn up between the plaintiff and the defendant in the amount of 5,004,000 tenge, which was notarized. The defendant points to the above argument in the amount of 5,004,000 tenge, this loan agreement has nothing to do with this receipt and this debt, in addition, the amount owed is 836,475 tenge. The amount owed is not specified in the loan agreement referred to by the defendant. In addition, the receipt was not declared invalid by the court in accordance with art.157 of the Civil Code of the Republic of Kazakhstan and there is no basis for recognizing this receipt as imaginary and void. That is, this receipt has legal force. The respondent's representative also refers in the response to the protocol of the confrontation conducted in the framework of criminal case No. 177514031005762 initiated at the request of R.A. against N.M.M. by the investigator from the Department of Internal Affairs of the Bostandyk district of Almaty K.K. This criminal case was terminated due to the absence of a criminal offense (a copy of the resolution on terminations is attached). In addition, the defendant has repeatedly filed a complaint with law enforcement agencies against the plaintiff, but all criminal cases have been terminated for lack of evidence of a criminal offense. Thus, the defendant by his actions wants to evade the obligations he has assumed.
Objection to the respondent's withdrawal of the debt amount
The receipt was written by the defendant to the plaintiff and has nothing to do with criminal cases and other civil law relations. Dear court, we believe that the defendant's representative misled the Court and the participants in the trial, thereby the defendant's actions contradict art.66 of the CPC RK, information about the facts is recognized by the court as inadmissible as evidence. In accordance with art . 63,64,65 CPC RK Evidence in a case is legally obtained information about the facts, on the basis of which the court establishes the presence or absence of circumstances justifying the claims and objections of the parties, as well as other circumstances relevant for the proper consideration and resolution of the case. Evidence is recognized by the court as relevant if it contains information about facts that confirm, refute, or question conclusions about the existence of circumstances relevant to the case - The materials provided as evidence by the Defendant cannot relate to this civil case and are not acceptable as evidence. In accordance with art . 166 of the CPC RK, the parties to the lawsuit submit to the court a response to the statement of claim with attached documents that refute the arguments regarding the claim, as well as copies of the response and the documents attached to it - however, there is no refutation of the arguments stated in the Statement of Claim in the respondent's Response.
Sincerely, Proxy representative _________________/ Nurlanov N.N.. "___" _____________2022 the year
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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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