Response to a statement of claim for recovery of the amount owed on an unfulfilled obligation
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Specialized Inter-district Economic Court of Almaty to Judge Baskanbayeva S.S.
Almaty, Baizakov St., 273 B.
from the Defendant: IP "" (IP L.S.) represented by xxxxxxxxxxxx and IIN xxxxxx
Almaty, Medeu district xxxx
Proxy Representative: Law and Law Law Firm BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty. info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 971 57 58; +7 708 971 57 58. Plaintiff: Gravitex 2007 LLP
Representative: xxxxxxxxxx Almaty, xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx zakon_np@mail.ru
Feedback
on the Statement of Claim for the recovery of the amount
Q, your case is civil case No.7527-21-00-2/399 dated 11.01.2021 on the Claim of Gravitex 2007 LLP (hereinafter referred to as the Plaintiff) against IP BEISSENBINA.KZ" represented by xxxxxxxx (hereinafter referred to as the Defendant), as well as to a third party, IP D.T., to collect the amount owed. The plaintiff motivates his arguments in the Statement of Claim: that on October 23, 2020, 800,000 tenge was paid from the Plaintiff via the Kaspi Rau payment system to the settlement account KZ9572TO000016286978 (JSC KaspiBank). According to these arguments, I would like to bring to the attention of the court that the above account is an individual account of an individual xxxxxxxxxx to which the Caspi Gold card is attached, whereas it follows from the arguments that the Plaintiff transferred to the IP account "BEISSENBINA.KZ ". In addition, the plaintiff stipulates in the Lawsuit that on October 23, 2020, Oksana V. Poteriakhina, director of Gravitsks 2007 LLP, met with the defendant xxxxxx at the location of her sewing workshop: 16 Pushkin Street, Almaty. Gravitsks 2007 LLP wanted to place an order with the Defendant for sewing decorative elements - Christmas hats for bottles. The defendant said that she could take such an order and about the need to make an advance payment. Subsequently, on October 24, 2020, an agreement was supposed to be concluded defining the terms of sewing products by the defendant and other essential terms of the agreement. Later that day, after receiving the money to her account, the defendant told the Plaintiff that she would not be able to complete the order in such a short time and in the required quantity. further agreements between the Plaintiff and the Defendant did not lead to the conclusion of a contract or to any other written obligations. No service was provided from IP Beisenbina to Gravitex 2007 LLP. On October 23, 2020, Gravitex 2007 LLP was forced to place an order in another sewing workshop, based on an agreement with IP D.T.
Response to a statement of claim for recovery of the amount owed on an unfulfilled obligation
We do not agree with the above arguments, since in fact, on October 23, 2020, the Defendant's sewing workshop had a meeting with Defendant Beisenbina Lyazzat Serikova, Plaintiff xxxxxx and a third party, IP D.T., represented by xxxxxxxx tel: xxxx and with her sister xxxxxx IIN xxxx. xxxx. During which, in fact, an order for sewing decorative elements was discussed - Christmas hats for bottles. During the meeting, there was no discussion about concluding a contract between the Plaintiff and the Defendant, but negotiations were underway to conclude a contract with the Plaintiff and a third party, IP xxxx, Etc., and the intention to conclude a contract between them, since all accounts of the Third Party were blocked (see application Register of Debtors of the Ministry of Justice of the Republic of Kazakhstan), a third party in the presence of the Plaintiff and the Defendant asked the Plaintiff to transfer an advance payment in the amount of 800,000 tenge to the Defendant's Account, as she has arrests on accounts from Private bailiffs, to which the Plaintiff agreed and credited, and the Defendant in turn transferred the money to a Third Party, as the Third Party may testify and her sister xxxxxx. Thus, there could be no question of the Defendant providing services to the Plaintiff. According to paragraph 1, art. 378, Civil Code of the Republic of Kazakhstan, an agreement between two or more persons on the establishment, modification or termination of civil rights and obligations is recognized as a contract. In addition, the Plaintiff in the Lawsuit claims that the contract between the Plaintiff and the Defendant was not concluded and the Defendant illegally enriched herself. According to these arguments, I would like to note the fact that the Plaintiff transferred funds about the individual xxxx L.S., and how the Plaintiff redistributes the Claims to the sole proprietor."BEISSENBINA.KZ " it's not clear to us whereas IP "BEISSENBINA.KZ " I did not receive funds to my account and did not conclude an agreement with the Plaintiff. According to paragraph 3 of art. 148 of the Civil Code of the Republic of Kazakhstan, in order to conclude a contract, it is necessary to express the agreed will of two parties (a bilateral transaction) or three or more parties (a multilateral transaction). Paragraph 1 of Article 386 of the Civil Code of the Republic of Kazakhstan stipulates that the contract enters into force and becomes binding on the parties from the moment of its conclusion (Article 393 of the Civil Code). According to Article 393 of the Civil Code of the Republic of Kazakhstan, a contract is considered concluded when an agreement has been reached between the parties in the required form on all essential terms. Essential are the terms of the subject of the contract, the terms that are recognized as essential by law or are necessary for contracts of this type, as well as all those conditions regarding which, at the request of one of the parties, an agreement must be reached. If, in accordance with legislative acts, the transfer of property is necessary for the conclusion of a contract, the contract is considered concluded from the moment of transfer of the relevant property. In addition, in accordance with paragraph 1 of art. 394 of the Civil Code of the Republic of Kazakhstan, if the parties have agreed to conclude a contract in a certain form, it is considered concluded from the moment it is given the agreed form, at least according to the legislation, this form was not required for this type of contract. At the same time, according to the requirements of the norms set out in Art.151 of the Civil Code of the Republic of Kazakhstan, transactions are made orally or in writing (simple or notarized). A transaction for which the legislation or agreement of the parties does not establish a written (simple or notarized) or other specific form may be completed orally, in particular, all transactions executed at the very time of their completion. A transaction confirmed by the issuance of a token, ticket, or other commonly accepted confirmation mark is deemed to have been concluded orally, unless otherwise established by law. Silence is recognized as an expression of the will to make a deal in cases stipulated by law or by agreement of the parties. Transactions in fulfillment of a written contract may be made orally by agreement of the parties, if this does not contradict the legislation.
Response to a statement of claim for recovery of the amount owed on an unfulfilled obligation
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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