The Court partially denied the satisfaction of the Bank's Claim

Between QazaqBanki JSC (hereinafter referred to as the Bank or the Plaintiff) and .. A.R. (hereinafter referred to as the Borrower/Defendant 1) and LLP "....-Kazakhstan" (hereinafter referred to as the Guarantor/Respondent 2) hereinafter referred to as (Borrower/Defendant 1 and the Guarantor/Defendant 2 is collectively referred to as the Borrower(s) or the Defendant(s)), a Bank Loan Agreement No.01/K-328 dated June 14, 2016 (hereinafter referred to as the Loan Agreement) was concluded, according to which the Bank provided the Borrower with a bank loan in the national currency of the Republic of Kazakhstan in the amount of KZT 17,600,000, for a period of 120 months (until June 11, 2026), at 23% per annum, for the purchase of housing. The following property was provided as collateral to ensure repayment of the loan under the Loan Agreement: - guarantee of a legal entity of LLP "........-Kazakhstan" in the amount of at least KZT 17,600,000.00, according to the Guarantee Agreement No. 01/3-G-328/1 dated 06/14/2016 (hereinafter referred to as Collateral 1); - voluntary loan insurance by the Borrower in the amount of KZT 6,333,420.00, according to the Voluntary Loan Insurance Agreement No. 600-16-162-00019 dated 06/08/2017 (hereinafter referred to as Collateral 2); -one-bedroom apartment with a total area of 57.1 sq.m., including a residential area of 30.5 sq.m., located at the address: Republic of Kazakhstan, Almaty, Almaly district, ul....., house 167, sq. 24, owned by right of ownership .... A.R., pledged to the Bank in accordance with the Real Estate Pledge Agreement No. 01/3-328/2 dated 05.07.2016 (hereinafter referred to as the Pledge Agreement or Collateral

The Court partially denied the satisfaction of the Bank's Claim

3). As the plaintiff points out, the defendant does not fulfill its obligations to QazaqBanki JSC properly, as a result of which, as of November 26, 2018. (inclusive) there was a debt under the Loan Agreement in the amount of 23,034,193.64 tenge, including: principal debt 14,464,434.64 tenge; overdue principal debt 582,207.32 tenge; accrued remuneration 4,124,696.53 tenge; overdue remuneration 1,982,923.05 tenge; remuneration for overdue principal debt 17,466.82 tenge; penalty 1,892465.28 tenge. At the hearing, the plaintiff's representative by proxy, A. Zaritsky, supported the claim in full and asked the court to satisfy it. His explanations are similar to the arguments of the claim. The representative of the defendant ...... A.R. by proxy, Sarzhanov G.T., partially acknowledged the claim at the court hearing, asked to refuse to recover the amount of remuneration and penalties, based on a written response. According to art. 72 h. 1 of the Civil Procedure Code of the Republic of Kazakhstan, each party must prove the circumstances to which it refers as the grounds for its claims and objections, use remedies, assert, challenge facts, provide evidence and objections to evidence within the time limits set by the judge, which correspond to the fair conduct of the process and are aimed at facilitating the proceedings. It follows from the examined materials of the civil case that the defendants, when concluding the Bank Loan Agreement No. 01/K-328 dated June 14, 2016, confirmed their voluntary expressions of will and full agreement with its terms. As follows from the case file, the defendants violated their obligations under the Agreement on timely repayment of debts. The plaintiff's demands for full early repayment of the debt have not been fulfilled. According to art. 715 Part 1 of the Civil Code of the Republic of Kazakhstan, under a loan agreement, one party (the lender) transfers money to the other party (the borrower), and the borrower undertakes to return the same amount of money to the lender in a timely manner. In accordance with art.727, Parts 1, 2 of the Civil Code of the Republic of Kazakhstan, under a bank loan agreement, the lender undertakes to loan money to the borrower on the terms of payment, urgency, repayment. The rules relating to the loan agreement, with the specifics provided for in art.728 of the Civil Code of the Republic of Kazakhstan, apply to the bank loan agreement.

The defendants do not fulfill their obligations to QazaqBanki JSC properly, as a result of which, as of November 26, 2018 (inclusive), there were debts under the Loan Agreement in the amount of KZT 23,034,193.64, including: principal debt of KZT 14,464,434.64; overdue principal debt of KZT 582,207.32; accrued remuneration of 4,124,696.53 tenge; overdue remuneration 1,982,923.05 tenge; remuneration for overdue principal debt 17,466.82 tenge; penalty 1,892465.28 tenge. The number of days overdue under the Loan Agreement is 185 days. The amount of the principal debt and accrued remuneration (including overdue) The court finds that the terms of the Bank Loan Agreement are correct and appropriate. At the same time, the court considers that the defendant's obligations to repay the loan were fulfilled for a long time, while delays were made due to the deterioration of the financial situation. By virtue of art . 297 of the Civil Code of the Republic of Kazakhstan, if the penalty to be paid (fine, fine) is excessively large in comparison with the creditor's losses, the court, at the request of the debtor, has the right to reduce the penalty (fine, fine), taking into account the degree of fulfillment of the obligation by the debtor and the interests of the debtor and the creditor that deserve attention. Taking into account the financial situation of the defendant, the court finds it possible to satisfy the defendant's application and reduce the amount of the accrued fine to 10% from 1,892,465.28 tenge to 189,247 tenge. According to the rules of Articles 287 p. 3, 332 p. 2 of the Civil Code of the Republic of Kazakhstan, in case of joint obligations of debtors, the creditor has the right to demand performance from all debtors, as well as from any of them individually, both in full and in part of the debt. A creditor who has not received full satisfaction from one of the joint debtors has the right to claim what he has not received from the other joint debtors. 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 specified by the guarantee agreement.

The Court partially denied the satisfaction of the Bank's Claim

In such circumstances, the amount of debt is to be recovered from the defendants in a joint and several manner in the amount of KZT 21,357,975. In accordance with Part 1 of Article 117 of the Civil Procedure Code of the Republic of Kazakhstan, the state fee from which the plaintiff was exempt, as well as the costs associated with the proceedings, are collected from the defendant, who is not exempt from paying court costs, to the state revenue in full or in proportion to the satisfied part of the claim. According to subclause 1), clause 1, Article 535 of the Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget", the state duty for legal entities is charged in the amount of 3% of the amount of the claim from property-related claims submitted to the court. Paragraph 18 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated July 11, 2003 No. 5 "On judicial decision" stipulates that when making decisions in cases in which there are several defendants, court costs are collected from them in equity, not in solidarity. In this regard, the state fee, from which the plaintiff was exempted, is collected from defendants who are not exempt from paying court costs for property claims to the state revenue in the amount of 320,370 tenge from each. Guided by Articles 223-226 of the CPC of the Republic of Kazakhstan, the court DECIDED: Partially satisfy the claim of QazaqBanki JSC. Collect from ....... Anel Rysbekkyzy and LLP "........-Kazakhstan" in solidarity in favor of JSC "QazaqBanki" the amount of debt under the Bank Loan Agreement No.01/K-328 dated June 14, 2016 in the amount of KZT 21,357,975. To dismiss the rest of the claim. To collect from ..... Anel Rysbekkyzy and LLP "....-Kazakhstan" in a shared manner to the state revenue the amount of the state duty in the amount of 320 tenge from each. Thus, the Plaintiff's claims were not satisfied in full.

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