Response to a Statement of Claim for debt collection and foreclosure on mortgaged property
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To the Bostandyk district Court of Almaty to Judge Arstanova Zh.N.
Almaty, Bostandyk district, 050043, md. Orbit 2, building 20a.
From the defendant:xxxxxxxxxx IIN xxxxxxxxxxxx Almaty, 79 Abylai Khan ave., office 304. +7 777 111 5667 .
Proxy Representative: Law and Law Law Firm
BIN 201240021767 Almaty, 79/71 Abylai Khan Ave., office 304. info@zakonpravo.kz / www.zakonpravo .kz
+ 7 727 978 5755; +7 708 578 5758 Plaintiff: JSC "Tengri Bank" BIN xxxxxxxx
42 Abaya Ave., Almaty, ug. Baitursynova St. (Baikonur Business Center), 1st floor +7 (727) 244 34 34. info@tengribank.kz
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on a statement of claim for debt collection and foreclosure on mortgaged property
In your proceedings there is a civil case registered No. 7514-21-00-2/1127 dated 02/10/2021 on the statement of claim of the Joint Stock Company "Tengri Bank" to the Limited Liability Company "Tengri Leasing", xxxxxxxx xxxxxx for debt collection and foreclosure on mortgaged property. Thus, on 27.05.2016, Tengri Bank JSC (hereinafter referred to as the Bank) and Tengri Leasing LLP (hereinafter referred to as the Borrower and/or Defendant-1), represented by Director xxxxxx, concluded a General Loan Agreement No. 0100-2016-98-0026-L (hereinafter referred to as the Agreement), under the terms of which the Bank opened a revolving credit facility to the Borrower. The line is based on the following basic conditions:
The credit line limit is set at 3,000,000,000.00 (three billion) tenge, including: the available credit line limit is set at 2,000,000,000.00 (two billion) tenge;
The increase in the available limit of the credit line to KZT 3,000,000,000.00 (three billion) will be made subject to the provision by the Borrower of collateral meeting the Bank's requirements in the amount of at least KZT 1,000,000,000.00 (one billion), in addition to (over) the collateral specified in clause 5.1. of the Agreement.
Term of the credit line: from 05/27/2016 to 05/26/2023 (extended until 11/27/2023 on the basis of Supplementary agreement No. 1 dated 10/19/2016 to the Agreement).
Response to a Statement of Claim for debt collection and foreclosure on mortgaged property
In accordance with clause 4.1. of Article 4 of the Agreement, the credit line is developed by the Borrower on the basis of Accessory Agreements within the established limit. As part of the Agreement, the following Accessory Agreements were concluded between the parties: - Accessory Agreement No. 0100-2016-98-0026-L/1 dated 05.27.2016, under the terms of which the Bank provided the Borrower with a loan in the amount of 2,000,000,000.00 (two billion) tenge for the purchase of fixed assets. The remuneration rate is 19.0% per annum, the GEC is 16.8% per annum. The loan term is until 05/26/2023; -Accessory Agreement No. 0100-2016-98-0026-L/2 dated 06/10/2016, under the terms of which the Bank provided the Borrower with a loan in the amount of KZT 634,000,000.00 (six hundred and thirty-four million) to replenish working capital. The remuneration rate is 19.0% per annum, the GEC is 20.9% per annum. The loan term is until 08/10/2016; -Accessory Agreement No. 0100-2016-98-0026-L/3 dated 08/08/2016, under the terms of which the Bank provided the Borrower with a loan in the amount of 44,000,000.00 (forty-four million) tenge to replenish working capital. The remuneration rate is 19.0% per annum, the GEC is 21.2% per annum. Loan term until 08.11.2016; The above-mentioned Accessory Agreements were signed xxxxxxxxxxxx -Accessory Agreement No. 0100-2016-98-0026-L/4 dated 27.07.2017, under the terms of which the Bank provided the Borrower with a loan in the amount of 8,015,000.00 (eight million fifteen thousand) tenge to replenish working capital. The remuneration rate is 19.0% per annum, the GEC is 21.5% per annum.
The loan term is 27.07.2021; -Accessory Agreement No. 0100-2016-98-0026-L/5 dated 24.09.2018, under the terms of which the Bank provided the Borrower with a loan in the amount of 65 500 000,00 (sixty five million five hundred thousand) tenge for replenishment of working capital. The remuneration rate is 19.0% per annum, the GEC is 21.1% per annum. The loan term is until 05/24/2023. Movable property has been provided by Defendant-1 to ensure proper fulfillment of obligations under the Agreement. Also, in order to ensure proper fulfillment by Defendant-1 of the obligations under the Agreement, guarantees were provided: - xxxxxx (hereinafter referred to as Defendant-2) on the basis of a guarantee dated 06/01/2016; - xxxxxxxx (hereinafter referred to as Defendant-3) on the basis of a guarantee dated 06/01/2016. Due to the improper fulfillment of obligations by the Defendants, as of 02/09/2021, the debt under the Agreement amounts to 2,205,473,037.43 tenge 43 tiyn. Thus, the Plaintiff asks the court to: Recover in solidarity with Tengri Leasing xxxxxx xxxxxx LLP the amount of debt under the General Loan Agreement No. 0100-2016-98-0026-L dated 05/27/2016 in the amount of 2,205,473,037.43 tenge 43 tiyn and foreclose on the mortgaged property. The review of the Statement of Claim for debt collection and foreclosure on mortgaged property does not agree with the Plaintiff's claim against the Defendant for debt collection and foreclosure on pledged property on the following grounds: June 01, 2016 on behalf of S.A., in accordance with paragraphs 1,2,3 art. 331 of the Civil Code of the Republic of Kazakhstan, a Guarantee was written and sent to the Bank, where S.A. allegedly guaranteed the Bank the fulfillment of obligations under the Agreement in full by the Debtor.
Accordingly, after signing the Guarantee Obligation, the Guarantor was assigned an obligation in accordance with art. 329 "Guarantee", where, by virtue of the guarantee, the guarantor is obligated to the creditor of another person (debtor) to be responsible for fulfilling the obligation of this person in full or in part in solidarity with the debtor. However, S.A. did not sign the Guarantee dated 06/01/2016 and could not physically sign it since S.A., with his wife xxxxxxxx and I.N. xxxxxx were outside the Republic of Kazakhstan from May 26, 2016 to June 04, 2016, as evidenced by the stamps in the Passport (see In addition, the materials of the civil case do not contain a statement from the Defendant's spouse, gr.xxx E.T., on the provision of a Guarantee Obligation. On December 01, 2016, Ts.A., was dismissed from his position as Director of Tengri Leasing LLP. Subsequently, another Director was appointed Head of Tengri Leasing LLP. All subsequent additions and amendments to the S.A. Agreement were not related to and did not receive any notifications, notifications in accordance with paragraph 1, art. 336 where provided, the guarantee is terminated in the event of a change in this obligation, entailing increased liability or other adverse consequences for the guarantor, without the consent of the latter. Thus, after his dismissal on December 01, 2016, the following additions and amendments to the agreement were additionally concluded with Tengri Leasing LLP:
Response to a Statement of Claim for debt collection and foreclosure on mortgaged property
Preliminary pledge Agreement No.0100-2016-Z-0126 dated August 19, 2016, concluded between the Bank and the Borrower and represented by the Director of xxxxxx IIN xxxxxxxxxx
Supplementary Agreement No. 1 dated December 30, 2016 to the Preliminary Agreement No. 0100-2016-Z-0083 for the pledge of movable property dated May 27, 2016 concluded between the Bank and the Borrower and represented by Director xxxxxxxx and IIN xxxxxxxx
Supplementary Agreement No. 2 dated December 30, 2016 to the Agreement on the provision of Credit line No. 0100-2016-98-0026-L concluded between the Bank and the Borrower and represented by the Director of xxxxxx IIN xxxxxxxx
Supplementary Agreement No. 1 dated January 30, 2017 to Agreement No. 0100-2016-98-149-G on the provision of a bank guarantee dated October 20, 2016, concluded between the Bank and the Borrower and represented by the Director of xxxxxxxx and IIN xxxxxxxx;
Movable Property Pledge Agreement No. 871242-GLV dated January 30, 2017, concluded between the Bank and the Borrower and represented by Director xxxxxxxxxx IIN xxxx
Movable Property Pledge Agreement No. 878679-GLV dated March 06, 2017 concluded between the Bank and the Borrower and represented by the Director of xxxx IIN xxxxxx
Movable Property Pledge Agreement No.881549-GLV dated March 29, 2017, concluded between the Bank and the Borrower and represented by Director xxxxxxxx and IIN xxxxxxxx;
Movable Property Pledge Agreement No.881551-GLV dated March 29, 2017 concluded between the Bank and the Borrower and represented by Director xxxxxx and IIN xxxxxxxx;
Movable Property Pledge Agreement No.001-2017-Z-0027 dated July 19, 2017, concluded between the Bank and the Borrower and represented by the Director of xxxxxxxx IIN xxxxxx;
Movable Property Pledge Agreement No.001-2017-Z-0028 dated August 01, 2017, concluded between the Bank and the Borrower and represented by Director xxxxxxxx and IIN xxxxxx;
Supplementary Agreement No. 2 dated January 10, 2018 to the Agreement No. 0100-2016-98-149-G dated October 20, 2016 on the provision of a bank guarantee concluded between the Bank and the Borrower and represented by the Director of xxxxxx IIN xxxxxx
Supplementary Agreement No. 3 dated January 30, 2019 to the Agreement on the provision of Credit Line No. 0100-2016-98-0026-L concluded between the Bank and the Borrower and represented by the Director of xxxxxxxx IIN xxxxxxxxxx;
Movable Property Pledge Agreement No.001-2018-Z-0207 dated October 30, 2018, concluded between the Bank and the Borrower and represented by the Director of xxxxxxxx IIN xxxx;
Supplementary Agreement No. 3 dated January 23, 2019 to Agreement No. 0100-2016-98-149-G on the provision of a bank guarantee dated October 20, 2016, concluded between the Bank and the Borrower and represented by the Director of xxxx IIN xxxx;
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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