Statement of claim for recovery of the amount of debt under the car rental agreement with subsequent purchase
To the Zhambyl District Court of Almaty
regions
Republic of Kazakhstan, Almaty region,
Zhambyl district, village Uzynagash,
Sauryk Batyr St., 196.
8 (7277) 02 16 86.
050210@sud.kz
Plaintiff: gr. …………
IIN ...........
Almaty, pr. ..............., D......
+7 701 ……..
Representative by proxy:
Sarzhanov Galymzhan Turlybekovich
IIN: 850722301036.
Almaty, Medeu district,050002, Zhibekzholy ave.,
50, office 202, Business center Block.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 (708) 578 57 58.
The defendants:
gr. …………………………
IIN ..............
residing at: Almaty region,
Zhambyl district, village .........., street ...., house ....
gr. ..............
IIN ................
Turkestan region, Tyulkibaskiy district,
station ...., A. street .... house ....
STATEMENT OF CLAIM
about collecting the amount of debt under the car rental agreement with subsequent purchase
On August 06, 201.. years between gr. ............ ( further, the Plaintiff is the Landlord) and gr. gr. ............ ( next, the Defendant is the Tenant) A car rental Agreement was concluded with subsequent purchase (hereinafter referred to as the Agreement). According to paragraphs 1 and 2 of the Agreement, the "Lessor" undertakes to provide the "Lessee" with temporary possession and use for a fee, with subsequent redemption upon payment of the entire value, the following property: A car brand "........", 199.. year of manufacture, identification number (VIN) № ......., registration number ...BRZ 02, owned by the "Lessor" on the right of private ownership, without the provision of services by the Lessor for its management and technical operation. The specified car belongs to the "Lessor" by right of ownership on the basis of the Certificate of registration of the VA series No....... issued on 08/06/2011.... the year issued by the Administrative Division of the Department of Internal Affairs of the city of Almaty.
According to clause 3 of the Agreement, the parties agreed that the rent is 6,500 tenge, per day until October 09, 20.... years. The "Tenant" undertakes to pay the rent payment daily until 20:00, if there is a payment at a later time, it is considered late, which the Tenant must pay no later than the next day before 20:00.
By agreement of the parties, the payment can be made every 10 days in advance. The payment is recorded in a statement, which is drawn up in two copies, one for each party. Provided for in clauses "A", clause 8 of the Agreement in case of non-payment of the daily payments stipulated in clause 3 of this Agreement within 3 (three) days. At the same time, all previously paid amounts remain with the "Landlord". I would like to note the 19th clause of the Agreement, which stipulates: If, as a result of a violation of the terms of this Agreement, namely non-payment of daily payments within 6 (six) days, the "Lessor" decides to terminate this Agreement and seize the Car from the "Lessee", the latter undertakes to reimburse the "Lessor" for the entire cost of restoring the previous condition taking into account the normal wear and repair of the Car, if required.
As well as in case of an accident, the tenant's spouse and the person who acts as the guarantor are obliged to fulfill all the terms of this agreement. clause 22, the "Tenant" for late payment for using the Car pays a fine of 1,500 (one thousand five hundred) tenge for each day of delay. clause 23, Payment of fines for the Car is the main payment, and until it is completed, incoming daily payments will be credited to the repayment of the debt on them, and only after repayment of the fine will they be accepted as payment under the contract.
Under this Agreement, in accordance with paragraph 3, Article 331 of the Civil Code of the Republic of Kazakhstan. The written form of the guarantee or surety agreements signed by the defendant gr. ............, 06 on August 201.... of the year, a Guarantee was written, which was certified by a Notary, as evidenced by the corresponding Guarantee dated August 06, 201.. years in applications where gr. ..........., ( further, the Defendant) undertook that he "gr. .............., 20.02.198.. year of birth, IIN................., residing at: South Kazakhstan region, Tyulkibaski district, station ...., street .......... dom .., I hereby commit myself to gr. …………...., IIN ..........., fulfill the obligations of gr. ............, 26.05.1974 year of birth, IIN......, under a lease agreement with subsequent purchase of a car, in case of non-fulfillment of the gr. ............, their obligations under the lease agreement with the subsequent purchase of a car brand ".....", 199.. year of manufacture, identification number (VIN) No....., registration number ...BRZ02, in the amount of 4,394,000 tenge, I will not have any further claims.
Article 329 of the Civil Code of the Republic of Kazakhstan, "Guarantee". By virtue of the guarantee, the guarantor is obligated to the creditor of another person (the debtor) to be responsible for fulfilling the obligations of this person in full or in part in solidarity with the debtor, except in cases provided for by legislative acts. The persons who jointly gave the guarantee are jointly and severally liable to the creditor, unless otherwise stipulated by the guarantee agreement. A guarantee agreement may also be concluded to secure an obligation that arises in the future. Article 332 of the Civil Code of the Republic of Kazakhstan.
"Liability of the guarantor and the surety" clause 2. states that the guarantor is liable to the creditor to the same extent as the debtor, including payment of penalties, remuneration (interest), legal fees for debt collection and other losses of the creditor caused by non-fulfillment or improper fulfillment of obligations by the debtor, unless otherwise provided by the guarantee agreement.
Article 357 of the Civil Code of the Republic of Kazakhstan. "Subsidiary liability" - If the principal debtor has refused to satisfy or has not fully fulfilled the creditor's claim or the creditor has not received from him a response to the claim within a reasonable time, this claim in the unfulfilled part may be presented to the person bearing subsidiary liability. The person bearing subsidiary responsibility must, before satisfying the claim brought against him by the creditor, warn the main debtor about this, and if a claim is brought against such a person, involve the main debtor in the case. To date, the Defendant has not fulfilled its obligations, in addition, unilaterally refused to fulfill its obligations. To this day, the Defendant has not handed over the above-mentioned car according to the Agreement on the Act of acceptance of the transfer to the Lessor.
To all verbal requests for a refund, the Defendants are dissuaded by breakfast or financial difficulties and or simply ignoring all attempts by the Plaintiff to resolve the dispute, whereas according to clauses 12, 13, 16, 17, 18, 19 of the Agreement, the "Lessee" is obliged, at the first request of the representative of the "Lessor", to inform about the location and condition of the car. All risks, including the risk of accidental loss of Property, are borne by the "Tenant". In the cases specified in paragraph 13.16 The "Lessee" undertakes, at his own expense, or upon payment of the insured sum, to make the necessary repairs to the car as soon as possible at the expense of this amount. In this case, the daily payment amounts will not be paid, but the validity of this Agreement is extended for the duration of the repair, but not more than 10 days. At the same time, he pays the costs of new insurance on his own.
If, as a result of a violation of the terms of this Agreement, namely non-payment of daily payments within 6 (six) days, the "Lessor" decides to terminate this Agreement and withdraw the Car from the "Lessee", the latter undertakes to reimburse the "Lessor" for the entire cost of restoring the previous condition, taking into account normal wear and repair of the Car, if required. As well as in case of an accident, the person who acts as the guarantor is obliged to fulfill all the terms of this agreement.
Statement of claim for recovery of the amount of debt under the car rental agreement with subsequent purchase
November 28, 201.. A pre-trial claim was sent to the Defendants and the Defendants were asked to return the funds in the amount of 853,000 tenge to the Plaintiff within the time period specified in the Claim. In case of non-return of funds within the specified period, we reserve the right to apply to the court on this issue. As well as to recover the amount of material (losses and penalties, Article 351 of the Civil Code of the Republic of Kazakhstan) and moral damage and/or apply to other competent authorities.
However, all the Plaintiff's attempts to resolve the situation peacefully were unsuccessful. To this day, there is no response and fulfillment of its obligations. Based on the above arguments, we believe that the terms of the agreement dated August 06, 201 were violated.. a year for renting a car with subsequent purchase, namely late payment of the rent of the car. As a result, the Tenant has a debt in accordance with paragraph 3 Agreements, for daily payment for 17 days delay in the amount of 110,500 tenge, accrued penalty for 17 days delay, which amounted to 25,500 tenge for each day of delay according to clause 22.23 of the Agreement.
The debt for car repairs is 55,000 tenge, as well as the amount for violation of traffic rules in the amount of 12,000 tenge. Paragraph 30 of the Agreement stipulates that in case of refusal to fulfill the terms of the agreement, as well as in case of premature return of the car, the "Lessee" undertakes to pay a penalty in the amount of 50% of the initial cost of the car 1,300,000 tenge, amounting to 650,000 tenge. The total amount owed by the Tenant to the Landlord was 853,000 tenge. Article 9, paragraph 4, of the Civil Code of the Republic of Kazakhstan. "Protection of civil rights" states that a person whose right has been violated may demand full compensation for damages caused to him, unless otherwise provided by legislative acts or a contract. Losses mean expenses that are incurred or should be incurred by a person whose right has been violated, loss or damage to his property (real damage), as well as lost income that this person would have received under normal conditions of turnover if his right had not been violated (lost profits).
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