Pre-trial claim under a contract for the recovery of an amount
Attention! The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (727) 971-78-58.
Limited Liability Partnership "........."
in the person of the Director .......... BIN ................. city of Almaty,
St. ............. №...., block 4B, 9th floor from:
Sole proprietor "............." IIN ........... East Kazakhstan region, Ust-Kamenogorsk, ul. .....№.............
Representative by proxy:
Law and Law Law Company LLP represented by
General Director Galymzhan Turlybekovich Sarzhanov
BIN 190240029071 Almaty, 79 Abylai Khan ave., office 304.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 978 5755; +7 708 578 5758.
PRE-TRIAL CLAIM
Between sole proprietors ".................." ( hereinafter referred to as the Contractor) and you LLP "..............." ( hereinafter referred to as the Customer) contract no. BA-40/19 was concluded-PRV dated August 29 (hereinafter referred to as the Agreement), 2019 for the supply of equipment and installation of a video surveillance system. The essential terms of the Contract were clause 1., of the Contract, where the Contractor undertakes, on behalf of the Customer, to supply equipment and install video surveillance systems at the address: East Kazakhstan Region, ............... area, 25 km east of ......, work site of LLP ".................". In turn, the Customer undertakes to accept and pay for the work performed in accordance with the terms of the contract.
The contractor, for its part, fulfilled all the terms of the contract in good faith and on time, that is, according to the invoice dated November 15, 2019, provided all the necessary equipment and completed all the work specified in the Contract, which is confirmed by the act of completed works dated 11/15/2019. Pre-trial claim under the contract for debt collection, you have made an advance payment in the amount of 50% of the total amount of the contract, which amounts to 1,070,290 (one million seventy thousand two hundred and ninety) tenge. According to the Agreement, the "Customer" pays the remaining 50% in the amount of 1,070,290 (one million seventy thousand two hundred and ninety) tenge, within 5 working days from the date of signing the final acceptance certificate. But as of today, you have not fulfilled your obligations and violated clause 2.5.,
The agreements also unilaterally refused to fulfill their obligations. At the same time, more than 6 months have passed since the signing of the act of completed works. Based on the above arguments, we believe that the terms of the contract for the supply of equipment and installation of a video surveillance system were violated, namely by late payment for the work performed. As a result, the Customer owed the Contractor a debt under the Contract in the amount of 1,070,290 (one million seventy thousand two hundred and ninety) tenge.
Currently, you are not fulfilling your obligations (Violation of an obligation means its non-fulfillment or improper fulfillment (untimely, with defects in goods and works, in violation of other conditions defined by the content of the obligation) - improper fulfillment of part 1 of Article 349 of the Civil Code of the Republic of Kazakhstan), which is not permissible according to Article 272 of the Civil Code of the Republic of Kazakhstan. Pre-trial claim under a contract to recover the amount of debt, thereby you cause real material and moral harm to the Contractor and his workers. In these circumstances, we require you to return the funds in the amount of 1,070,290 (one million seventy thousand two hundred and ninety) tenge as soon as possible.
Due to your failure to fulfill your obligations, we have the opinion that your actions are aimed at seizing property by deceiving and abusing the Contractor's trust. We hereby invite you to voluntarily return funds in the amount of 1,070,290 (one million seventy thousand two hundred and ninety) tenge to the Contractor by June 25, 2020. If you do not return the funds within the specified period, we reserve the right to take this matter to court. As well as to recover the amount of material (losses and penalties, Article 351 of the Civil Code of the Republic of Kazakhstan) and moral damage, as well as representative services and /or apply to other competent authorities.
Pre-trial claim under a contract for the recovery of an amount
According to paragraph 1 of Article 113 of the Civil Procedure Code of the Republic of Kazakhstan, at the request of the party in whose favor the decision was made, the court awards, on the other hand, the costs incurred by her to pay for the assistance of a representative (several representatives) who participated in the process and is not in an employment relationship with this party, in the amount of the costs actually incurred by the party. For property claims, the total amount of these expenses should not exceed ten percent of the satisfied portion of the claim. According to non-property requirements, the amount of expenses is collected within reasonable limits, but should not exceed three hundred monthly calculation indices.
A pre-trial claim under a contract for debt collection In accordance with the provisions of Articles 152 and 279 of the CPC RK and Article 402 of the Civil Code of the Republic of Kazakhstan, which stipulate that the judge returns the statement of claim and the court leaves the statement of claim without consideration if the plaintiff fails to comply with the pre-trial procedure established by law for this category of cases, the mandatory procedure for preliminary pre-trial dispute resolution and the possibility of this order has not been lost and has been preserved. Since this procedure is not prohibited by any of the regulatory acts of the Republic of Kazakhstan, we hope that our further cooperation with you will continue on mutually beneficial and mutually acceptable terms. Pre-trial claim under a contract for debt collection
Sincerely, Individual Entrepreneur __________/ ............ "_"______ 2020
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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