The District Court's response to the statement of claim for the recovery of representation expenses and compensation
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District court No. 2 of Almalinsky district of Almaty to judge Bakiyeva S.A.
Almaty, Tole bi, 267
8 (727) 333-11-60, ext.Number 727-2894
from the Defendant: IP "......" represented by
A.F.S.
IIN …………
Representative by proxy:
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 978 5755; +7 708 578 5758.
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for a statement of claim for the recovery of representation expenses and compensation
You are in the process of civil case No.7520-23-00-2/9713 dated 04/28/2023 on the claim of T.E.T. (hereinafter referred to as the Plaintiff) to IP "...." represented by A.F.S. (hereinafter referred to as the Defendant) for the recovery of the amounts of representation expenses and compensation.
The plaintiff motivates his claims that on February 3, 2023, the Judge of the District Court No. 2 of the Almalinsky district of Almaty, A.Zh.A., considered civil case No. 7520-23-00-2/324 in simplified (written) proceedings on the Plaintiff's claim against the Defendant for debt collection, where the court, guided by articles 267-4, 223, 229 of the CPC, the court I DECIDED: To satisfy the claim of T.E.T. to the individual entrepreneur "..." in the person of A.F.S. for the recovery of a sum of money. Collect from the individual entrepreneur "...." represented by A.F.S. in favor of T.E.T. in the amount of 175 000 tenge, court costs for the payment of the state fee 1,750 tenge.
This decision has already entered into force, and there is already a writ of execution for it. According to the decision, not all expenses on my part are collected from the Defendant. In addition, to solve this problem, I contacted the services of legal representatives and paid them an amount of 65,000 tenge. I also repeatedly went to the Defendant before going to court and wasted my precious time.
On the basis of the above, the Plaintiff asks the Court to satisfy the claims.
Dear Court, we disagree with the Plaintiff's claims for the following reasons:
In accordance with Article 21 of the Civil Procedure Code of the Republic of Kazakhstan, judicial acts that have entered into force are mandatory for all state bodies, local governments, legal entities, officials, citizens and are subject to execution throughout the territory of the Republic of Kazakhstan. Failure to execute judicial acts, as well as other manifestations of contempt of court, entail liability provided for by law.
We also believe that the defendant did not receive 152 and 279 of the Civil Procedure Code of the Republic of Kazakhstan and Article 402 of the Civil Code of the Republic of Kazakhstan, providing that the judge returns the statement of claim, and the court leaves the statement of claim without consideration if the plaintiff has not complied with the pre-trial procedure established by law for this category of cases, the mandatory procedure for preliminary pre-trial dispute resolution and the possibility of this procedure is not lost and saved.
In addition, in accordance with Article 113 of the Civil Procedure Code of the Republic of Kazakhstan, it is stipulated at the request of the party in whose favor the Decision was made, the court awards, on the other hand, the costs incurred to pay for the assistance of a representative (several representatives) who participated in the process and is not in an employment relationship with this party, in the amount of the costs actually incurred by the party (payment orders, fiscal receipt). For property claims, the total amount of these expenses should not exceed ten percent of the satisfied portion of the claim. According to non-property requirements, the amount of expenses is collected within reasonable limits, but should not exceed three hundred monthly calculation indices.
Dear court, we also disagree regarding the recovery of compensation for precious time, which is estimated at 100,000 tenge from the Plaintiff, which does not fall within any framework of the current legislation of the Republic of Kazakhstan. Since the accrued amount of compensation has not been confirmed or justified by the norms of current legislation.
68, 72 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, each evidence is subject to assessment taking into account relevance, admissibility, reliability.
In accordance with Part 4 of Article 8 of the Civil Code of the Republic of Kazakhstan, citizens and legal entities must act in good faith, reasonably and fairly in exercising their rights, observing the requirements contained in the legislation, the moral principles of society, and entrepreneurs - also the rules of business ethics. This obligation cannot be excluded or limited by the contract. Good faith, reasonableness and fairness of the actions of participants in civil law relations are assumed.
We also believe that the Plaintiff violates the requirements of good faith, reasonableness and fairness provided for in Part 4 of Article 8 of the Civil Code of the Republic of Kazakhstan.
In accordance with Article 15 of the Civil Procedure Code of the Republic of Kazakhstan, the parties choose their position, ways and means of defending it independently and independently of the court, other bodies and persons during civil proceedings.
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.
166 of the Civil Procedure Code of the Republic of Kazakhstan, where the defendant submits to the court a response to the Statement of Claim with attached documents that refute the arguments regarding the claim, as well as copies of the response and the documents attached to it.
Based on the above and in accordance with art. 166 of the CPC RK,
I ASK THE COURT:
The Plaintiff's claims, i.e., against the Defendant, an individual entrepreneur "..." represented by A.F.S. for the recovery of representative expenses and compensation, must be denied;
With respect,
Representative by proxy:
____________/ Sarzhanov G.T.
"__"_________2023 the year
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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