Statement of Claim form from the Law Firm 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. For more information, please contact lawyer Kenesbek Islam by phone.; +7 (708) 971-78-58; +7 (727) 971-78-58.
To Almaly District Court No. 2, Almaty, Republic of Kazakhstan, Almaty,
050005, 267 Tole bi str., tel: 8 727 33 11 50.
The plaintiff: ............................ IIN No...................
Proxy representative: Sarzhanovgalymzhanturlybekovich
IIN: 850722301036. Almaty, Medeu district,050002, Zhibekzholy ave., 50, office 202,
Business center Quarter. info@zakonpravo.kz / www.zakonpravo.kz + 7 (708) 578 57 58.
The defendant: .... "............." BIN ............... Almaty, 050012, ul. .............., D. .....
Statement of claim
on termination of the contract and recovery of the monetary amount
12/15/20...years between sole proprietors "........." and gr................, contract no.... was signed.. to develop a website and a mobile application.According to the terms of this agreement, IP ....... assumed the obligation to develop an Internet site and a mobile application in accordance with the Terms of Reference (Appendix No. 1, No. 2) to the Agreement, and......, in turn, undertook to accept the work and make payments. in accordance with Article 2 of this Agreement.As a result of improper fulfillment of assumed obligations by IG1 Vostrikova O.A., on September 14, 2016, the parties concluded an Additional Agreement No. 1 to the Agreement dated December 15, 2015. according to which IP Vostrikova O.A. undertook to finalize the Website and mobile application within 60 calendar days from the date of signing the Supplementary Agreement dated 09/14/2016.However, in violation of the terms of this Agreement and the Supplementary Agreement to it, the Sole Proprietor ".........." she did not complete the work on time, as a result of which......... largely lost what she had the right to expect when concluding the contract.
In this regard, 29.01.20.... years between IP "......." and gr. .............. An agreement was reached to terminate the Service Agreement №........... for the development of a website and mobile application dated 12/15/20.. goal, according to which IP "......" undertakes to return gr. ......... funds received from him in the amount of -100,000 tenge (two million of his thousands) tenge within 90 calendar days in three tranches, after which Contract No....... from 15.12.20... the year is considered terminated.In violation of the order of art.272 of the Civil Code of the Republic of Kazakhstan, IP "........" She has not fulfilled her obligations under Contract no......., the Supplementary Agreement to it and the Agreement on Termination of the contract, and has not returned the Funds received to this day.Guided by clause 4.5 of Article 4 of this Treaty, ....... all measures have been taken to conduct peaceful negotiations aimed at resolving this dispute. Despite this, it was not possible to resolve the dispute in a pre-trial manner.
Thus, by repeatedly presenting the defendant with opportunities to correct errors and violations of the terms of the contract, the plaintiff has largely lost what he was entitled to expect when concluding the contract.According to the plaintiff, there are significant violations of the IP "........" The agreement dated 15.12.20... is the basis for its termination.According to I. 378 of the Civil Code of the Republic of Kazakhstan, an agreement between two or more persons on the establishment, modification or termination of civil rights and obligations is recognized as a contract.272 of the Civil Code of the Republic of Kazakhstan, 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.According to art.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, except in cases stipulated by law or contract.In accordance with paragraph 4 of Article 9 of the Civil Code of the Republic of Kazakhstan, a person whose right has been violated may demand full compensation for the losses 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).
Article 401 of the Civil Code of the Republic of Kazakhstan provides for the grounds for amendment and termination of the contract. According to paragraph 2 of this article, "in the event of a material violation of the other's contract with torona, at the request of one of the parties, the contract may be amended or terminated by a court decision. A violation of the contract by one of the parties is considered significant, which entails such damage to the other party that it is largely deprived of what it was entitled to expect when concluding the contract."According to paragraph 5, art. 403 of the Civil Code of the Republic of Kazakhstan, "if the basis for termination or amendment of the Contract was a material violation of the contract by one of the parties, the other party has the right to demand compensation for damages caused by termination or amendment of the contract."Thus, the amount of losses caused to the plaintiff by the defendant's unlawful actions is KZT 3,150,000, taking into account clauses 4.9, art. 272, art. 273, art. 350, p. 1, art. 378, p. 2, art. 401, p. 5, art. 403 of the Civil Code of the Republic of Kazakhstan, 148 of the CPC RK.Based on the above,
I ASK THE COURT:
Terminate the Contract No. 207-c207 dated 12/15/2015 for the development of a website and mobile application concluded between IP "....." and gr........;
Collect from sole proprietor "................" in favor of gr....... a sum of money in the amount of 3,150,000 (three million one hundred and fifty thousand) tenge;
Collect from sole proprietor "................." in favor of gr. ................... court costs in the form of a paid state fee.
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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