Recovery of the amount of arrears on the guarantee fee and penalties for the construction of houses
The Specialized Interdistrict Economic Court of Almaty with Claims for the recovery of 1,500,000 tenge of the guarantee fee and 45,000 tenge of the penalty of "K" LLP, hereinafter referred to as the Plaintiff, to "Agc" LLP, hereinafter referred to as the Defendant, where the Plaintiff asks the court to recover the specified amount of debt, arguing that the defendant did not provide the documents on the PSA and design estimates documents. By virtue of the requirements of art.272 of the CPC, the obligation must be fulfilled properly in accordance with the terms of the obligation and the requirements of the law. 20.09.2017 a contract was concluded between these parties, according to which the plaintiff undertook to carry out work on the construction of houses, and the defendant – to provide design and estimate documentation (PSD), to obtain technical specifications for engineering communications and other permits. In accordance with the terms of the agreement, the plaintiff paid a guarantee fee in the amount of 1,500,000 tenge to pay for the PSA, which is refundable. However, in violation of the requirements of the law and the terms of the contract, the defendant did not fulfill his obligations to provide the PSA, the debt amounted to 1,500,000 tenge. Thus, the plaintiff's claim for a refund of the guarantee fee must be satisfied.
In accordance with Article 298 of the Civil Code, a penalty is levied for non-fulfillment or improper fulfillment of an obligation if there are conditions for holding the debtor accountable for violating the obligation (Article 359 of this Code). The contract provides for the plaintiff's right to collect a penalty for non-fulfillment of obligations. The amount of the penalty was calculated by the plaintiff in accordance with the contract, the calculation was verified by the court, and therefore, the plaintiff's claim for recovery of the penalty is subject to satisfaction. The costs of paying the state fee are to be recovered from the defendant in favor of the plaintiff. 147 of the CPC RK, THE COURT DECIDED: To satisfy the claim of Kanat LLP. Collect 1,500,000 (one million five hundred thousand) tenge of guarantee fee, 45,000 (forty-five thousand) tenge of penalty, 46,350 (forty-six thousand three hundred and fifty) tenge of state duty from Agc LLP in favor of K LLP.
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