Response to the Statement of Claim for Recovery of Material Damage and Moral Harm

To the District Court No. 2 of the Almaly District of Almaty

Plaintiff: Aa Ga Tna

IIN ....

Residential address: Almaty Region, Karasai District,

village ..., residential plot ..., mobile phone: +7 775 ...

Defendant: LLP “SA”, represented by its Director Za A.M.

BIN ...

Almaty, S. Avenue, Building ....

Authorized representatives of the Defendant:

Attorney Sarzhanov G.T., tel. 87085785758,

Attorney Nigmetov S.D., tel. 87009785755

RESPONSE TO THE STATEMENT OF CLAIM

Civil case No. 7520-25-00-2/18521 is pending before the District Court No. 2 of the Almaly District of Almaty based on the claim filed by Aoy G.T. against LLP “SA” for recovery of material damage and moral harm.

I do not admit the Plaintiff’s claims.

With regard to the claim for recovery of KZT 260,000 paid for the services rendered. The dental implant placement procedure was performed in accordance with international recommendations in the field of dental implantology. No defects or deficiencies of the dentition were identified in the image submitted by the Plaintiff to the court. The Plaintiff’s allegations concerning violations of sanitary standards, including that assistants dropped instruments and that the doctor left the treatment room in search of the necessary materials, are untrue. The alleged consequences in the form of severe swelling, a non-healing wound, and pain in the healthy adjacent tooth have not been supported by any evidence. Damage to the root of the adjacent tooth has also not been confirmed. Headaches, elevated blood pressure, dizziness, nausea, bruising of the face, impaired eating, and the inability to work fully are not causally related to the dental implant procedure, and there is no supporting evidence to establish such a causal relationship. The Plaintiff was informed by the doctor that there is no 100% guarantee of successful implant integration. Accordingly, the cost of the paid dental implant service is not subject to reimbursement.

With regard to the claim for recovery of KZT 3,000,000 in expenses for subsequent treatment. This claim is unfounded and is not subject to satisfaction.

With regard to the claim for compensation for moral harm in the amount of KZT 3,000,000. This claim is unfounded and is not subject to satisfaction.

Pursuant to Part 1 of Article 68 of the Civil Procedure Code of the Republic of Kazakhstan, each piece of evidence shall be assessed with regard to its relevance, admissibility, and reliability, while all evidence collected in its entirety shall be assessed with regard to its sufficiency for resolving the civil case.

Pursuant to Article 72 of the Civil Procedure Code of the Republic of Kazakhstan, each party shall prove the circumstances to which it refers as the grounds for its claims and objections.

Pursuant to Part 1 of Article 113 of the Civil Procedure Code of the Republic of Kazakhstan, upon the application of the party in whose favor the judgment has been rendered, the court shall award against the other party the expenses actually incurred by that party for payment for the services of a representative (several representatives) who participated in the proceedings and was not in an employment relationship with that party. For property-related claims, the total amount of such expenses shall not exceed ten percent of the satisfied portion of the claim. For non-property claims, the amount of such expenses shall be recovered within reasonable limits, but shall not exceed three hundred monthly calculation indices.

LLP “SA” incurred expenses for legal representation in the amount of KZT 700,000, which is confirmed by the legal services agreement and the payment order.

Based on the foregoing,

I REQUEST THE COURT TO:

• dismiss in full the claim filed by Aoy G.T. against LLP “SA”;
• recover from Aoy G.T. in favor of LLP “SA” the expenses for legal representation in the amount of KZT 700,000.

Attachments: legal services agreement, payment order.

Director of LLP “SA” Z A.M.

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