Statement of claim district court for invalidation of loan agreement
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Bostandyk District Court of Almaty
Almaty, Orbita 220A microdistrict.
+7 (727) 220-07-19; +7 (727) 333-12-41.
From the Plaintiff: E.J.S.
IIN....
Representative by proxy:
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 971 78 58; +7 708 971 78 58.
Defendant: Z.I. Valerievich
IIN …
Almaty, ul. n..., 323, 176 block.
+7 701 …….
Statement of claim
on the recognition of the loan agreement as invalid
On November 01, 2022, a loan agreement No. 3181 (hereinafter referred to as the Agreement) was notarized between Z.I.Valeryevich (hereinafter referred to as the defendant) and E.Zh. Sansyzbaevna (hereinafter referred to as the plaintiff), where the essential terms of the agreement are the fact that you, as the Lender, transferred to the borrower the amount of 1,549,000 (one million five hundred forty nine thousand) tenge on loan until December 01, 2022.
According to Article 715 of the Civil Code of the Republic of Kazakhstan, under a loan agreement, one party (the lender) transfers, and in cases provided for by this Code or the agreement, undertakes to transfer ownership to the other party (the borrower) of money determined by generic characteristics, and the borrower undertakes to return the same amount of money to the lender in a timely manner.
717 of the Civil Code of the Republic of Kazakhstan stipulates that the loan agreement is considered concluded from the moment of transfer of money, unless otherwise provided by this Code or the agreement of the parties.
However, in fact, according to the above-mentioned agreement, there was no transfer of money from the defendant Z.I.V., to the plaintiff E.J.S..
The plaintiff, E.J.S., is the mother of F.A.Maratovna, who was an employee of the defendant's company (IE). Earlier, the defendant's company allegedly discovered a shortage of accounts and, due to the Defendant's subjective and unjustified decision, the plaintiff's daughter found herself in the field of suspicion for embezzlement of entrusted property.
Thus, the defendant, by blackmailing, allegedly offering a way out, forced the plaintiff's daughter, E.J.S., to conclude a loan agreement. But the mother decided to protect and signed a loan agreement under a state of shock.
Subsequently, under the pretext that the plaintiff, E.Zh.S., did not fulfill contractual obligations within the specified time, the defendant applied to the Notary T.G.Omirserikova to make an executive inscription. Subsequently, the Notary executed Executive order No. 3513, which was issued on December 8, 2022.
We have written a statement about the crime to the police on the grounds of a criminal offense provided for in art. 248 of the Criminal Code of the Republic of Kazakhstan. However, the police left the case in the nomenclature case because there is no criminal offense in the appeal.
On February 1, 2023, in accordance with the norms of Articles 152 and 279 of the Civil Procedure Code of the Republic of Kazakhstan and Article 402 of the Civil Code of the Republic of Kazakhstan, we sent a pre-trial complaint to the defendant, demanding that the above-mentioned agreement be declared invalid and all the problems created by the defendant be eliminated. However, we did not receive any desire from the defendants to resolve this issue.
It should also be noted that in accordance with Article 724 of the Civil Code of the Republic of Kazakhstan, the borrower has the right to challenge the loan agreement, proving that the loan object (money or things) was not actually received by him from the lender or received in a smaller amount or quantity than specified in the agreement.
In accordance with paragraph 2 of Article 157 of the Civil Code, a transaction is declared invalid if the requirements for the form, content and participants of the transaction, as well as for their freedom of expression, are violated on the grounds established by this Code or other legislative acts.
According to Part 1 of Article 724 of the Civil Code, the borrower has the right to challenge the loan agreement, proving that the loan object (money or things) was not actually received by him from the lender or received in a smaller amount or quantity than specified in the agreement.
Paragraph 1 of Article 158 of the Civil Code stipulates that a transaction, the content of which does not comply with the requirements of the law, as well as a transaction made for a purpose knowingly contrary to the principles of law and order, is contested and may be declared invalid by a court, unless otherwise provided by this Code and other legislative acts of the Republic of Kazakhstan.
According to paragraph 1 of Article 113 of the Civil Procedure Code of the Republic of Kazakhstan, at the request of the party in whose favor the decision was made, the court awards, on the other hand, the costs incurred by her to pay for the assistance of a representative (several representatives) who participated in the process and is not in an employment relationship with this party, in the amount of the costs actually incurred by the party. For property claims, the total amount of these expenses should not exceed ten percent of the satisfied portion of the claim. According to non-property requirements, the amount of expenses is collected within reasonable limits, but should not exceed three hundred monthly calculation indices.
Based on the above and in accordance with art. 724 of the Civil Code of the Republic of Kazakhstan,
I ask the Court:
To invalidate the Loan Agreement No. 3181 dated November 01, 2022 concluded between the defendant Zinin Ilya Valeryevich and the plaintiff E.Zh.S.;
To collect from Z.I.V. in favor of E.J.S. the costs of paying the state fee in the amount of ....... tenge;
To collect from Z.I.Valeryevich in favor of E.Zh.S., representative expenses in the amount of 300,000 (three hundred thousand) tenge.
With respect,
Lawyer:
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.
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