Response to the plaintiff's appeal
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To the Judicial Board for Civil Cases of the Kostanay Regional Court
from the defendant A.J.A. IIN …
place of residence: g. Gitikara, mkr. ...., 17, 61 sq. 8705……
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on the appeal of the plaintiff L.Z.K.
In the civil case No. 3944-19-00-2/968, on January 14, 2020, the Zhitikarinsky District Court issued a decision in the civil case on the claim of L,K.Z. to A.Zh.A. for debt collection. The court refused to satisfy the plaintiff's claims. I believe that the court's decision was made taking into account a comprehensive study of all the circumstances of the case, based entirely on the norms of substantive and procedural law. I disagree with the plaintiff's appeal on the following grounds. According to art . 72 of the Civil Procedure Code of the Republic of Kazakhstan – "Each party must prove the circumstances to which it refers as the grounds for its claims and objections, use remedies, assert, challenge facts, provide evidence and objections to evidence within the time limits set by the judge." The court has repeatedly asked the plaintiff to provide evidence supporting her claims. I do not recognize the receipt submitted to the court stating that the plaintiff allegedly invested 3,000 000 tenge when opening the store, since I did not receive any money in such an amount from her, I have never seen the text of the receipt and I did not sign the receipt. The receipt attached to the statement of claim does not comply with accepted business practices, contains numerous blots and corrections, which the court correctly regarded as inadequate evidence. The plaintiff did not provide the court with evidence that the plaintiff had transferred money to me for the renovation of the store, for the purchase of meat and other payments. The plaintiff's instructions that she allegedly selflessly helped me are refuted by her own testimony and the testimony of witness K.A., from which it follows that, after deducting all expenses, L.K.Z.'s personal profit was at least 200,000 tenge per month. At the same time, she received 50% of the store's revenue when she worked with me, and then on the same terms with K.A. Based on the above, I ask the judicial board: - to dismiss L.K.Z.'s appeal.
30.01.2020 A.J.A.
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