Statement of claim for invalidation of the transaction
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To the Zhitikarinsky district Court of Kostanay region
plaintiff: Zh.S.E. address: g. Gitikara, mkr., 2, sq. 67 IIN.....
hundreds of bodies. WhatsApp 8707......
defendant: A.A.T. address: g. Zhitikara, mkr. ..., 23, sq. 73 cell phone.
WhatsApp 8777….
the price of the claim: 427 880
(four hundred twenty-seven thousand eight hundred eighty) tenge
The claim
on the recognition of the transaction as invalid
On October 20, 2020, the defendant asked me to lend him money, to which I agreed. At that time, I had $1,000 available. Due to the limited time to conclude the transaction and legal illiteracy, I did not convert 1,000 US dollars into Kazakhstani tenge and concluded a deal with the defendant to borrow 1,000 US dollars. The defendant did not fulfill the obligation to return the money received under the transaction within the agreed period. I applied for legal assistance from a lawyer, who explained to me that the deal concluded between me and the defendant was void, i.e. invalid, since the subject of the loan can only be the national currency of Kazakhstan, i.e. tenge, and that the defendant is obliged to return to me everything received under the transaction. In accordance with Article 725-1 of the Civil Code of the Republic of Kazakhstan, "the loan is issued in the national currency of the Republic of Kazakhstan," i.e. in tenge. "A loan agreement that does not comply with this requirement is void." According to Article 157-1 of the Civil Code of the Republic of Kazakhstan, "The party to the transaction has the right to demand the application of the consequences of the invalidity of a void transaction. If the transaction is invalid, each of the parties is obliged to return to the other everything received under the transaction." I have sent a claim to the defendant for the voluntary return of the money received under a void transaction, however, the defendant does not want to voluntarily return the money to me. According to the official exchange rate set by the National Bank of the Republic of Kazakhstan on October 20, 2020, 1 US dollar is 427.88 tenge, i.e. 1,000 US dollars at the time of receipt by the defendant was equivalent to 427,880 tenge.
Statement of claim for invalidation of the transaction
The above is confirmed by the receipt of A.A.T. dated 10/20/2020, the claim dated 05/04/2021, and the certificate of the National Bank of the Republic of Kazakhstan on exchange rates as of 10/20/2020. I incurred court costs for the preparation of a claim and statement of claim in the amount of 13,000 tenge, which is confirmed by the contract dated 05/04/2021, receipts dated 05/04/2021, 05/17/2021, which are subject to collection from the defendant. In accordance with paragraph 16) of art. 616 of the Code of the Republic of Kazakhstan "On Taxes and other mandatory payments to the Budget (Tax Code)" I am exempt from paying state duty, as I am a disabled person of the 1st group, the certificate is attached. Based on the above, I ask the court to: - declare the loan agreement dated 10/20/2020 between me and the defendant A.A.T. invalid, collect 427,880 tenge from the defendant in my favor, court costs in the amount of 13,000 tenge. Appendix: a copy of the receipt, a disability certificate, a copy of the claim, a certificate from the National Bank of the Republic of Kazakhstan on exchange rates, a copy of the contract with a lawyer, copies of receipts.
05/17/2021 J.S.E.
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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