Statement of claim for recovery of the amount under contractual obligations with exemption from payment of State duty
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. For more information, please contact a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (727) 971-78-58.
Court No. 2 of Petropavlovsk, North Kazakhstan region
150,000, North Kazakhstan region, Petropavlovsk, E.Brusilovsky str., 60
+8 (7152) 55-50-03, +8 (715 2) 55-50-05, +77470406511 (WhatsApp).
Plaintiff: xxxxxx and IIN xxxxxxxx Republic of Kazakhstan, Almaty, xxxxxx street +7 707 xxxx(WhatsApp), +7 701 xxxx.
Proxy representative: Law and Law Law Company LLP
BIN 190240029071 Almaty, 79 Abylai Khan ave., office 304.
info@zakonpravo.kz / www.zakonpravo.kz + 7 727 971 78 58; +7 700 978 57 55.
Defendant: xxxxxxxx IIN xxxxxx of the North Kazakhstan region, Petropavlovsk xxxxxx +7 777 xxxxxx
Statement of claim
about debt collection
An oral contract for the supply of grain and wheat (hereinafter referred to as the Contract) was concluded between xxxxxxxx (hereinafter referred to as the Plaintiff) and xxxxxxxx (hereinafter referred to as the Defendant). 151, 152 of the Civil Code of the Republic of Kazakhstan, which stipulates that transactions are made orally or in writing, the written form of the transaction is made on paper or in electronic form.
The essential terms of the Contract are where the "Defendant" undertakes, on behalf of the "Plaintiff", to arrange and deliver grain (hereinafter referred to as the Goods). In turn, the "Plaintiff" undertook to accept and pay for the work performed in accordance with the terms of the contract.
On February 25, 2019, an advance payment of 1,000,000 (one million) tenge was paid to the Defendant's account. In turn, the Defendant had to deliver 20 tons of grain. The defendant purchased the goods from other persons, i.e. you are engaged in resale. However, when sending the goods, the Defendant felt an unpleasant smell coming from the grain and doubted the quality of the goods, reported that he would not be able to deliver the goods and undertook to refund the amount paid.
Currently, for two years, the Defendant has not fulfilled his obligations (Violation of an obligation means its non-fulfillment or improper fulfillment (untimely, with defects in goods and works, in violation of other conditions determined by the content of the obligation) - improper fulfillment of part 1 of Article 349 of the Civil Code of the Republic of Kazakhstan), which is not permissible under Article 272 The Civil Code of the Republic of Kazakhstan. Thus, the Defendant caused real material damage to the Plaintiff. Due to the Defendant's failure to repay funds, the Plaintiff has the opinion that the Defendant's actions are aimed at seizing property through deception and abuse of trust. On January 25, 2021, we sent a Pre-trial claim to the Defendant, offering the Defendant a voluntary refund of funds in the amount of 1,000,000 tenge, and a fine of 200,000 tenge for two years of delay in accordance with art. 351 of the Civil Code of the Republic of Kazakhstan, by February 15, 2021. If you do not return the funds within the specified period, you reserved the right to apply to the court on this issue.
Statement of claim for recovery of the amount under contractual obligations with exemption from payment of State duty
The Plaintiff fulfilled all obligations under the Contract to the Defendant in full, as evidenced by the materials of the Petropavlovsk Police Department, in accordance with art.272 of the Civil Code of the Republic of Kazakhstan, which stipulates that the obligation must be performed properly in accordance with the terms of the obligation and the requirements of the law, and in the absence of such conditions and requirements - in accordance with business practices or other commonly imposed requirements. By virtue of Article 273 of the Civil Code of the Republic of Kazakhstan, unilateral refusal to fulfill an obligation and unilateral modification of its terms are not allowed. Thus, the Defendant is not fulfilling his obligations to pay for the services provided. In accordance with paragraph 1 of Article 349 of the Civil Code of the Republic of Kazakhstan, a violation of an obligation is defined as its non-fulfillment or improper fulfillment (untimely, with defects in goods and works, in violation of other conditions determined by the content of the obligation) - improper fulfillment. 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. In accordance with the Code of the Republic of Kazakhstan on Taxes and Other Mandatory Payments to the Budget (Tax Code), paragraph 13 of Article 616 stipulates Exemption from payment of state duty in courts where plaintiffs with disabilities, as well as one of the parents of a disabled person since childhood, a disabled child, are exempt from paying state duty in all cases and documents. courts. By virtue of Article 13 of the Constitution of the Republic of Kazakhstan, everyone has the right to defend their violated or disputed rights, freedoms or legally protected interests. 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.
Statement of claim for recovery of the amount under contractual obligations with exemption from payment of State duty
Based on the above and in accordance with art. 148 of the CPC RK, I ask the Court:
To collect from the Defendant xxxxxxx in favor of the Plaintiff xxxx the amount of debt in the amount of 1,000,000 (one million ) tenge;
To collect from the Defendant xxxxxx ogli in favor of the Plaintiff xxxxxx the amount of penalty in the amount of 200,000 (two hundred thousand) tenge;
Yours sincerely,, "___"_________ 2021 the year __________/ B xxxxxxxxxxxx
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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