A claim for recovery of the amount by way of recourse
To the inter-district Court for Civil Cases of Astana
Plaintiff: A.J.A.,
IIN .
Address: Astana, Almaty district,
pr....., house 4, sq.12
Plaintiff's representative by proxy
On.A.A.
legal consultant, partner
The law firm ".."
Astana, Almaty district
B. M.str.2/5.
+7 747 …., ..04@mail.ru
Defendants: H.D.Z.
IIN .
Astana city, Almaty district, per.M., house 15, sq.4
+777……
N. B.B.
IIN .
Astana, Almaty district, ul., 24/B, sq. 61
Phone: 8 (7172) .....
The claim
on the recovery of the amount by way of recourse
The following was decided by the decision of the Almaty District Court of December 23, 2021.
The claim of the limited liability company "....." to the agricultural production cooperative "...", H.D.Z., A.J.A., N.B.B., limited liability company ".." for debt collection is partially satisfied.
To collect jointly and severally from the agricultural production cooperative "ASTANA.", limited liability partnership "T..", H. D.Z., A.J.A., N.B.B. in favor of the limited liability partnership "A." debt in the amount of 17,686,035 tenge.
To collect in equity from the agricultural production cooperative "ASTANA.", limited liability partnership "Tore. Kh.D.Z., A.Zh.A., N.B.B. in favor of the limited liability partnership "AGRO." court costs for the payment of state duty, from each 106,116 tenge, total 530 581 tenge.
It follows from the information letter of the private bailiff K.A.K.:
In the proceedings of the private bailiff Kaymuldinova A.K. there were enforcement documents on the recovery in solidarity with SEC "Astana AGM Consult", LLP "Tore..", H.D.Z., A.J.A., N.B.B. in favor of LLP "AGRO." debt in the amount of 17 686,035 tenge; recovery in a shared arrangement with SEC "Astana.", LLP "Tore. Kh.D.Z., A.Zh.Abdualiyly, N.B.Ba. in favor of LLP "AGRO"the court costs of paying the state fee, from each 106,116 tenge, total 530,581 tenge.
The following enforcement proceedings were initiated:
No. 188/22-71-3431 dated 04/04/2022, the debtor of SEC "Astana ."
No. 189/22-71-3431 dated 04/04/2022, the debtor of "Tore.." LLP
No. 190/22-71-3431 dated 04/04/2022, debtor H.D.Z.
No. 191/22-71-3431 dated 04/04/2022, debtor A.J.A..
In respect of N.B.B., the writ of execution was not presented by the recoverer for execution, and therefore enforcement proceedings were not initiated against her.
All of the above enforcement proceedings were terminated on 04/12/2023 due to full repayment.
As part of the execution of the judicial act, the debt has been repaid:
SEC "Astana." payment of solidarity debt in the amount of 4,590,523.32 tenge, court costs for the payment of state duty 106,116 tenge, payment for the activities of a private bailiff 408,481 tenge, reimbursement of execution costs in the amount of 900 tenge.
A.Zh.A. payment of solidarity debt in the amount of 13,095,511.68 tenge, court costs for the payment of state duty 424,465 tenge (including 106,116 tenge for himself A.Zh.A., LLP "Tore..", H.D.Z., N.B.B.), payment for the activities of a private bailiff 1 011,122.32 tenge, reimbursement of execution costs in the amount of 3,670 tenge
Thus, the total amount of joint and several debts, court costs for the payment of state duties, the activities of a private bailiff and the costs of execution, was calculated from 4 590 523,32 + 106 116 + 408 481 + 900 + 13 095 511,68 + 424 465 + 1 011 122,32 + 3670 = 19 640 789,32 tenge.
According to Articles 286, 287, 289 of the Civil Code of the Republic of Kazakhstan, if several creditors or several debtors participate in an obligation (an obligation with a plurality of persons), then each of the creditors has the right to demand performance, and each of the debtors is obliged to fulfill the obligation equally with others, since nothing else follows from the legislation or the terms of the obligation (equity obligation).
An obligation with a plurality of persons, by virtue of which each creditor has the right to demand, and each debtor is obliged to fulfill the obligation in full, is recognized as a joint obligation.
In the 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.
Joint debtors remain obligated until the obligation is fully fulfilled.
The performance of a joint obligation in full by one of the debtors shall release the other debtors from the creditor's performance.
The debtor who has fulfilled the obligation of another person has the right to reverse the claim (recourse) to this person in the amount of the fulfilled obligation.
A debtor who has fulfilled a joint and several obligation has the right to claim back against each of the other debtors in an equal share, minus the share falling on himself.
What is unpaid by one of the co-debtors to the debtor who has fulfilled the joint obligation falls equally on this debtor and on the other co-debtors.
Therefore, the number of joint debtors is 5 (five), which implies the calculation 19 640 789,32 / 5 = 3,928,157.86 tenge.
Thus, the share of each debtor is KZT 3,928,157.86.
Based on the above, I ASK THE COURT:
To collect, by way of recourse, the amount of 3,928,157.86 (three million nine hundred and twenty-eight thousand one hundred and fifty-seven whole eighty-six hundredths) tenge from H.D.Z. in favor of A.J.A.
To collect, by way of recourse, the amount of 3,928,157.86 (three million nine hundred and twenty-eight thousand one hundred and fifty-seven whole eighty-six hundredths) tenge from N.B.B. in favor of A.J.A.
Application:
1) Power of attorney and extract from the legal consultant
2) The decision of the Almaty District Court of December 23, 2021
3) An information letter from the private bailiff Kaymuldinova A.K.
4) Receipt of payment of the state fee
Representative of N.A.A.
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