Recovery of the amount of debt and incurred expenses for legal aid
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To the Auezovsky District Court of Almaty, Almaty,
Auezovsky district, Kuanyshbayeva St. No. 44 A 727-3260@sud.kz
Plaintiff: ....... Almagul Kenzhekeevna IIN ..........
Almaty, Karasai Batyr str., 43-45, sq. 23. 8-705-333-84-37
The defendant: ................. Guzelya Mukhamedzhanovna IIN:
Almaty, ul. .......... house 178, sq. m. 9. 8 701 ..........
STATEMENT OF CLAIM
(about debt collection)
Between ...... Almagul Kenzhekeevna (hereinafter referred to as the Plaintiff) and you ....... Guzelya Mukhamedzhanovna (hereinafter referred to as the Defendant), a loan agreement No. 6495 (hereinafter referred to as the Agreement) was concluded dated December 20, 2010. The essential terms of the Agreement are clause 1., of the Agreement, where the "Lender" has issued and the Borrower has received loans in the amount of 2,970,000 (two million nine hundred and seventy thousand) tenge, which the "Borrower" undertakes to repay in full by 31.12.2011. However, the borrower has not fully fulfilled the obligation under this loan. And she asked for a postponement. To which the lender agreed.
Recovery of the amount of debt and incurred expenses for legal aid
Within the framework of the same loan agreement on 09.01.2018, the borrower and the lender made a guarantee obligation in the amount of 2,000,000 tenge. To date, the amount of debt is 1,945,000 tenge. However, to date, about 3 years have passed since the guarantee obligation, which contradicts the agreement of the parties, where the Borrower does not fulfill its obligations and violates the agreement. In addition, as a Borrower, you unilaterally refused to fulfill your obligations. All verbal requests for a refund are dissuaded by the Defendant with breakfast or financial difficulties, after which, on November 29, 2021, a Pre-trial Claim was sent to the Defendant and the Defendant was asked to return funds in the amount of 1,945,000 tenge to the Plaintiff within the time specified in the Claim. In case of non-return of funds within the specified period, we reserve the right to apply to the court on this issue. 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 and/or apply to other competent authorities.
However, all the Plaintiff's attempts to resolve the situation peacefully were unsuccessful. To this day, there is no response and fulfillment of its obligations. Based on the above arguments, we believe that the terms of contractual obligations to repay the debt were violated. As a result, the Defendant had a debt in the amount of 1,945,000 tenge. Article 9, paragraph 4, of the Civil Code of the Republic of Kazakhstan. "Protection of civil rights" states that a person whose right has been violated may demand full compensation for damages caused to him, unless otherwise provided by legislative acts or a contract. Losses mean expenses that are incurred or should be incurred by a person whose right has been violated, loss or damage to his property (real damage), as well as lost income that this person would have received under normal conditions of turnover if his right had not been violated (lost profits). Currently, the Defendants are not fulfilling their obligations (Violation of an obligation is understood as 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. Thus, the Defendant caused real material and moral damage to the Plaintiff and his family. Due to the failure of the Defendants to fulfill their obligations, we have the opinion that the Defendants' actions are aimed at seizing property by deceiving and abusing the Plaintiff's trust. In accordance with Article 272 of the Civil Code of the Republic of Kazakhstan, "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 commonly imposed requirements." In accordance with Article 349 of the Civil Code of the Republic of Kazakhstan, "Violation of an obligation means 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. In case of impossibility of proper execution, the debtor is obliged to immediately notify the creditor about this. The debtor is held liable for breach of an obligation at the request of the creditor." Article 359 of the Civil Code of the Republic of Kazakhstan. "The grounds for liability for breach of an obligation" are specified 1.
The debtor is responsible for non-fulfillment and (or) improper fulfillment of the obligation in the presence of fault, unless otherwise provided by law or contract. The debtor is found innocent if he proves that he has taken all measures in his power to properly fulfill the obligation. A person who has failed to fulfill or improperly fulfilled an obligation in carrying out business activities is liable for property liability unless he proves that proper fulfillment was impossible due to force majeure, that is, extraordinary and unavoidable circumstances under the given conditions (natural disasters, military operations, etc.). Such circumstances do not include, in particular, the absence of in the market of goods, works, or services needed for execution. Article 30. "Jurisdiction at the choice of the plaintiff" paragraph 6, It is provided that claims arising from contracts in which the place of performance is indicated may also be filed at the place of performance of the contract. Also, paragraph 12 of the above-mentioned article defines that Claims against several defendants may be filed at the place of residence or location of one of the defendants at the plaintiff's choice. and paragraph 13 of the Article gives the Plaintiff the right to choose between several courts that, according to this article, have jurisdiction over the case, belongs to the plaintiff, with the exception of the jurisdiction established by Article 31 of this The Code. 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.
Recovery of the amount of debt and incurred expenses for legal aid
In accordance with Article 15 of the Civil Procedure Code of the Republic of Kazakhstan, the parties choose their position, ways and means of defending it independently and independently of the court, other bodies and persons during civil proceedings. 113, CPC RK. At the request of the party in whose favor the Decision was made, the court awards, on the other hand, the costs incurred 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.
According to the CPC RK, Article 144. Procedure for simplified (written) proceedings provides: Cases in simplified (written) proceedings are considered by the court according to the rules of Chapter 14 of this Code with the specifics established by this chapter. Cases in simplified (written) proceedings are considered by a judge within one month from the date of acceptance of the application. The time limit for consideration of a case in a simplified (written) procedure cannot be extended. The court issues a ruling on the consideration of the case according to the rules of the claim procedure in the general procedure if: a petition has been filed by the party. When applying to the court with this claim, the Plaintiff, in accordance with paragraph 1, paragraph 1, Article 535 of the Code of the Republic of Kazakhstan "On Taxes and Other mandatory payments to the Budget" (Tax Code),"is forced to pay a state fee in the amount of 1% of the amount of the claim, with a bank commission in the amount of 19,450 tenge. Based on the above and compliance with the Civil Code of the Republic of Kazakhstan, the CPC of the Republic of Kazakhstan, I ASK THE COURT:
To recover from the defendant Imanbakieva Guzel Mukhamedzhanovna in favor of ........ Almagul Kenzhekeev received the amount of debt in the amount of 1,945,000 tenge;
To recover from the defendant Imanbakieva Guzel Mukhamedzhanovna in favor of ............ Almagul Kenzhekeyev's paid state duty in the amount of 19,450 tenge;
To recover from the defendant Imanbakieva Guzel Mukhamedzhanovna in favor of ............. Almagul Kenzhekeev received the amount of legal aid expenses incurred in the amount of 30,000 tenge;
To secure the claim, to seize all movable and immovable property owned by private ownership, as well as all bank accounts held in second-tier banks of the defendant .......... Guzel Mukhamedzhanovna.
Yours sincerely,, _____________/ ............ A.K. "___"____________2021 year
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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