Review of the statement of claim for termination of the contract

Attention! The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation.

To Almaly District Court No. 2 of Almaty

To the judge ___________________

Republic of Kazakhstan, Almaty, 050005,

____________________,

8 _______________.

from the Defendant: Individual entrepreneur "___________________"

in the face of ___________________

IIN: ___________________

Location: Almaty, ___________________

Representative by proxy:

Sarzhanov Galymzhan Turlybekovich

IIN: 850722301036.

Almaty, Medeu district,050002, Zhibek Zholy ave., 50, office 202, Business center Quarter.

info@zakonpravo.kz /

+ 7 (708) 578 57 58.

Review of the statement of claim

on termination of the contract and recovery of the monetary amount

Is there a civil case in your case? № ___________________ according to the claim ___________________ ( hereinafter referred to as the Plaintiff, the Customer) to the Individual Entrepreneur "___________________" ( further – the Defendant, the Executor) on the termination of the contract and the recovery of the monetary amount. Defendant Plaintiff's claims for termination of the Contract № ___________________ ( hereinafter referred to as the Agreement) dated __.12.20__ recognizes. However, the Defendant does not recognize the claims for recovery from the Defendant in favor of the Plaintiff in the amount of 3,150,000 (three million one hundred and fifty thousand) tenge for the following reasons. __.12.20__ a Contract was concluded between the Plaintiff and the Defendant № ___________________ to develop a website and a mobile application.

Withdrawal statement of claim for termination of the contract

Under the terms of the Agreement, the Defendant assumed obligations to develop an Internet site and a Mobile Application in accordance with the Terms of Reference (appendix no. __, no. __) to the Agreement, and the Plaintiff, in turn, undertook to accept the work and make payments in accordance with clause 2 of the Agreement. As a result of unforeseen difficulties encountered in fulfilling the obligations to develop the Website and Mobile Application, the Defendant was unable to fulfill the obligations within the time period specified in clause 3.1. of the Agreement. After that, the parties, through negotiations, __ September 20__, concluded Additional Agreement No. 1 to the Agreement. Clause 3.1. of the Supplementary Agreement No. 1 states that the Contractor undertakes to finalize the Website and Mobile Application to the Customer within 60 calendar days from the date of signing the supplementary agreement, and the Customer accepts it and pays for it. But, unfortunately, despite all the Defendant's efforts, even after signing the Supplementary Agreement, he failed to fulfill his obligations within the specified period.

According to clause 1 of Article 359 of the Civil Code of the Republic of Kazakhstan, the debtor is responsible for non-fulfillment and (or) improper fulfillment of obligations in the presence of guilt, 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. In the statement of claim, the Plaintiff refers to art. 273 of the Civil Code of the Republic of Kazakhstan, which states that unilateral refusal to fulfill an obligation and unilateral modification of its terms are not allowed, except in cases provided for by law or contract. However, Dear Court, the Defendant did not in any way refuse to fulfill his obligations, all this time he was working on the development of an Internet site and a Mobile application. On the contrary, the Defendant intended to continue the work in order to complete what he had started, because it took him so much time and resources. Also, there was no unilateral change in the terms of the Contract on the part of the Defendant.

Withdrawal statement of claim for termination of the contract

_ On January 20, 20, at the initiative of the Customer, an Agreement on termination of the Contract was concluded № ___________________ for the development of the website and mobile application dated __.12.20__ (hereinafter referred to as the Agreement). Under the terms of the Agreement, the Contractor returns funds to the Customer in the amount of 2,100,000 (two million one hundred thousand) tenge; the total amount is refunded no later than 90 calendar days and is divided into 3 installments from the date of signing the Agreement, payment is made every 30 days for 700,000 (seven hundred thousand) tenge.; The Contract is terminated from the moment of the last (third) payment by the Contractor to the Customer's bank card. Due to financial difficulties, the terms of this Agreement were not fulfilled by the Defendant. However, the current financial situation is  The Defendant has improved, and therefore he intends to return 2,100,000 (two million one hundred thousand) to the Plaintiff under the terms of the Agreement. I would like to note that in accordance with paragraph 2 of Article 402 of the Civil Code of the Republic of Kazakhstan, a party's claim to amend or terminate a contract may be filed with the court only after receiving a refusal from the other party to the proposal to amend or terminate the contract or failure to receive a response within the time period specified in the proposal or established by legislation or the contract, and in its absence - within thirty days. But, as we can see, the Defendant did not refuse both to amend the Contract and to terminate it, as evidenced by the Supplementary Agreement no. ____ of September 20__ and the Agreement dated January 29, 20__. In this case, the Plaintiff violated the requirements of paragraph 2 of art.402 of the Civil Code of the Republic of Kazakhstan.

Withdrawal statement of claim for termination of the contract

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. 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. The Universal Declaration of Human Rights (articles 7, 8 and 10), the International Covenant on Civil and Political Rights (article 14) and the Convention for the Protection of Human Rights and Fundamental Freedoms (article 6) establish that everyone is equal before the law and the courts and that everyone has the right to a fair trial in determining their civil rights and duties. and the public hearing of the case within a reasonable time by a competent, independent and impartial court established by law. Based on the above and guided by the Civil Code of the Republic of Kazakhstan, the CPC of the Republic of Kazakhstan,

I ask the Court:

Legal claims ___________________ to an individual entrepreneur "___________________" on termination of the contract and recovery of the monetary amount – partially satisfy, in the amount of 2,100 000 (two million one hundred thousand) tenge.

With respect,

Representative by proxy:

________________/Sarzhanov G.T.

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. 

Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office  Court Cases