On the recovery of the amount of accounts receivable on the Notary's Executive Inscription

Between citizen Akmaral Tuleshovna (hereinafter referred to as the Plaintiff) and Phill Trade LLP represented by the Director ....... 152 of the Civil Code of the Republic of Kazakhstan "Written form of the transaction" pursuant to which the Plaintiff transferred to the Defendant for personal use on a reimbursable basis funds in the amount of 14 750 000 (Fourteen million seven hundred fifty thousand) tenge, and the Defendant undertook in a timely manner in accordance with paragraph. 1.1 of the Agreement to return the same amount of money to the Plaintiff by August 31, 2019, as indicated in the corresponding Loan Agreement for Money No. 1 dated January 03, 2019. On April 01, 2019, Additional Agreement No. 1 to the Money Loan Agreement No. 1 dated January 03, 2019 was concluded, where the Plaintiff additionally transfers funds to the Defendant for personal use on a reimbursable basis in the amount of KZT 26,350,000 on the day of signing  Additional Agreement No. 1, and the Defendant undertakes to transfer the money to the Plaintiff, taking into account the previous payment in the amount of 41,100,000 (Forty-one million one hundred thousand) tenge. On May 08, 2019, Additional Agreement No. 2 to the Money Loan Agreement No. 1 dated January 03, 2019 was concluded, where the Plaintiff additionally transfers funds to the Defendant for personal use on a reimbursable basis in the amount of 18 500 000 tenge on the day of signing  Additional Agreement No. 2, and the Defendant undertakes to transfer the money to the Plaintiff, taking into account previous payments in the amount of 59,600,000 (Fifty-nine million six hundred thousand) tenge. On July 05, 2019, Additional Agreement No. 4 was concluded to the Money Loan Agreement No. 1 dated January 03, 2019, where the Plaintiff additionally transfers funds to the Defendant for personal use on a reimbursable basis in the amount of 3,800,000 tenge on the day of signing Additional Agreement No. 4, and the Defendant undertakes to transfer money to the Plaintiff, taking into account previous payments in the amount of 63,850,000 (Sixty-three million eight hundred and fifty thousand) tenge at a time, no later than August 31, 2019, as stipulated in clause 6, Supplementary Agreement No. 4. On the basis of the above-mentioned Agreement and the supplementary agreement, the parties drew up a Reconciliation Report of mutual settlements for the period from 01.01.2019 to 31.12.2019, the total debt of the Defendant to the Plaintiff amounted to 63,850,000 tenge.

On the recovery of the amount of accounts receivable according to the Notary's Executive Inscription

By the Plaintiff, all obligations under the Money Loan Agreement No. 1 dated January 03, 2019 to the Defendant were fully fulfilled in accordance with art. 272 of the Civil Code of the Republic of Kazakhstan, where it is stipulated that the obligation must be fulfilled 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 customary the requirements. In P. 3.1, 3.3 of the Agreement provides in case of non-fulfillment or improper fulfillment of their obligations under this Agreement, the Parties are responsible in accordance with the legislation of the Republic of Kazakhstan and this Agreement, In case of late repayment of the loan, the Borrower is obliged to pay the Lender a penalty in the amount of 0.1% of the unpaid amount for each day of delay. Given the long delay in repayment of the loan, the penalty payable is a large percentage of the loan amount. In this regard, the Plaintiff reduces the amount of the penalty to 10% of the loan amount, that is, the amount of the penalty will amount to KZT 6,385,000, the total debt amounted to KZT 70,235,000. However, the Defendant, according to the Money Loan Agreement No. 1 dated January 03, 2019 and Additional Agreements №1, №2, №3, №4, He did not return the money, and all the Plaintiff's oral and written requests for a refund were unsuccessful. In accordance with 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. By virtue of Article 273 of the Civil Code of the Republic of Kazakhstan, unilateral refusal to fulfill an obligation and unilateral modification of its terms are not allowed. According to paragraph 1 of Article 277 of the Civil Code of the Republic of Kazakhstan, if an obligation provides for or allows determining the day of its fulfillment or the time period during which it must be fulfilled, the obligation must be fulfilled on that day or, accordingly, at any time within such a period.

Written correspondence was conducted between the Plaintiff and the Defendant, as evidenced by Letter No. 15 dated 09/16/2019, to which a reply was received for ex. No. 11 dated 09/20/2019, Pre-trial claim for ex. No. 23 dated 12/26/2019, Pre-trial claim for ex. No. 1 dated 30.01.2020, but all attempts to resolve the current situation peacefully were unsuccessful. To this day, the Plaintiff has not received his funds. Thus, the Defendant is not fulfilling his obligations to return the funds. In accordance with paragraph 1 of Article 349 of the Civil Code of the Republic of Kazakhstan, a violation of an obligation is defined as its non-fulfillment or improper fulfillment (untimely, with defects in goods and works, in violation of other conditions determined by the content of the obligation) - improper fulfillment. According to clause 1 of Article 359 of the Civil Code of the Republic of Kazakhstan, the debtor is responsible for non-fulfillment and (or) improper fulfillment of obligations in the presence of guilt, unless otherwise provided by law or contract. By virtue of Article 13 of the Constitution of the Republic of Kazakhstan, everyone has the right to defend their violated or disputed rights, freedoms or legally protected interests. In accordance with Article 8 of the CPC, everyone has the right to apply to the court for protection of violated or disputed constitutional rights, freedoms or protected interests. On the basis of the above and in accordance with Article 92 of the Law on Notaries, they requested: To collect from "... Trade" LLP in favor of ...... Akmaral Tuleshovna the amount of debt in the amount of 63,913,850 tenge. On 02/29/2020, the Notary issued an Executive Inscription on the collection of accounts receivable and subsequently handed it over to a Private bailiff.

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