The Statement of Claim for recovery of the loan amount
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 the Ust-Kamenogorsk City Court
East Kazakhstan region, Ust-Kamenogorsk,
60 Voroshilova St.
The plaintiff: ___________
IIN: ___________
address: ___________
bodys: ___________
Representative by proxy:
Sarzhanov Galymzhan Turlybekovich
IIN: 850722301036.
Almaty, Medeu district,050002,
50 Zhibek Zholy Ave., Business center Block, office No. 202.
info@zakonpravo.kz
tel.: 8 707 (708) 578 57 58.
The defendant: ___________
IIN: ___________
address: ___________
bodys: ___________
STATEMENT OF CLAIM
dated November 02, 20__ about collecting the loan amount
On January 01, 20__, a loan agreement (hereinafter referred to as the Agreement) was concluded between the plaintiff and the defendant in the amount of 490.000 (four hundred and ninety thousand) tenge, with a repayment period of the loan amount until December 1, 20__, which is confirmed by the corresponding receipt of the Defendant (Appendix 1).
The Statement of Claim for recovery of the loan amount
In accordance with clause 1 of Article 722 of the Civil Code of the Republic of Kazakhstan, the borrower is obliged to repay the loan item in accordance with the procedure and terms stipulated by the agreement. In accordance with Article 272 of the Civil Code of the Republic of Kazakhstan, "The obligation must be performed properly in accordance with the terms of the obligation." Meanwhile, in accordance with Article 277 of the Civil Code of the Republic of Kazakhstan, "If an obligation provides for the day of its fulfillment, then it is subject to fulfillment on the same day." However, as of the date of filing this claim, the defendant's obligation to repay the loan amount to the plaintiff has not been fulfilled.
In accordance with paragraph 1 of Article 353 of the Civil Code of the Republic of Kazakhstan, a penalty is payable for the misuse of other people's money as a result of non-fulfillment of a monetary obligation or delay in their payment, or their unjustified receipt or saving at the expense of another person, and when debt is collected in court, the court may satisfy the creditor's claim based on the official refinancing rate of the National Bank. The Republic of Kazakhstan on the day of filing the claim or on the day of the decision, or on the day of the actual payment at the choice of the creditor.
According to the information on the official website of the National Bank of the Republic of Kazakhstan (source: http://www.nationalbank.kz/?switch=rus ), the official refinancing rate of the National Bank of the Republic of Kazakhstan is currently 7.5%. Therefore, on the day of filing this claim, the legal penalty for misuse of the loan amount is: 490.000 tenge * 669 days * 7.5% /100% / 365 days = 67.358 tenge, and thus, the price of this claim is 490.000 tenge + 67.358 tenge = 557.358 tenge.
The Statement of Claim for recovery of the loan amount
When applying to the court with this claim, the plaintiff, in accordance with paragraph 1, paragraph 1, Article 535 of the Code of the Republic of Kazakhstan "On Taxes and Other mandatory payments to the Budget" (Tax Code),"is forced to pay a state fee in the amount of 1% of the amount of the claim, i.e. in the amount of 5,574 tenge. Based on the above, guided by paragraph 1 of Article 722, Articles 272,277 of the Civil Code of the Republic of Kazakhstan, Articles 150,151, 158,159, 110,111 of the CPC of the Republic of Kazakhstan, I REQUEST: - to recover from the defendant in favor of the plaintiff the amount of the unpaid loan in the amount of 490.000 tenge and the legal penalty in the amount of 67.358 tenge, in total: 557.358 (five hundred fifty-seven thousand three hundred fifty-eight) tenge, - to recover from the defendant in favor of the plaintiff the costs of paying the state fee in the amount of 5,574 (five thousand five hundred seventy-four) tenge, - in order to secure the claim, to seize the defendant's property within the price of the claim. Applications.
The Defendant's receipt dated 01.01.20__ is a copy.
Certificate of registration of the plaintiff.
The plaintiff's identity card is a copy.
Certificate of the plaintiff's IIN.
Information about the respondent's IIN.
This statement of claim is a copy.
Receipt of payment of the state duty in the amount of 5,574 tenge.
Power of attorney ________________________________ in the name of _____________________________ – copy.
With respect,
Representative by proxy:
__________________/ Sarzhanov Galymzhan Turlybekovich
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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