A claim for recovery of the amount owed under the Contract for the development of a mobile application
To the district court No. 2 of Almaly district of Almaty
267 Tole Bi Street, Almaty city.
8 (727)333-11-60.
727-2872@sud.kz
The plaintiff: IP "V." represented by V.O.A.
IIN......
Almaty, Almalinsky district, Rozybakieva str., 45, sq. 17.
+7 .
Representative by proxy:
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+7 708 971 78 58; + 7 727 971 78 58.
Defendant: S A B
IIN
RK, Shymkent, A district, ul. Y , 20.
+7 702
The claim
about debt collection
There are contractual relations between IP Vostrikova (hereinafter referred to as the Plaintiff) and Sh.A.B. (hereinafter referred to as the Defendant) under the Contract:
No. 694 dated June 30, 2022 (hereinafter referred to as the Agreement) for the development of the technical specification "AI K", according to which, in accordance with clause 1.1. of the agreement, the Customer assigns and the Contractor undertakes the development of the technical specification in accordance with Appendix No. 1, which is an integral part of this agreement. In accordance with clause 2.1. the cost of work under this agreement was 300,000 tenge.
No. 716 dated October 14, 2022, the Agreement for the development of a mobile application, where, according to clause 1.1. The subject of the agreement was that the Customer commissions, and the Contractor undertakes, the development of the website and Mobile Application in accordance with the terms of reference (Appendix No. 1 to this agreement), which is an integral part of this agreement.
According to clause 2.1 of the Agreement, the cost of work under this agreement is 15,000,000 tenge.
The above–mentioned relations correspond to clause 1 of Article 151 of the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the Civil Code), which stipulates that transactions are made orally or in writing (simple or notarized).
Accordingly, according to art. 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.
To date, all obligations to the Defendant have been fully fulfilled by the Plaintiff and handed over to the Defendant, as evidenced by:
1.Interim act of delivery and acceptance of completed work on the design of the homepage banner dated November 03, 2022 under Contract No. 716 dated October 14, 2022 for the development of a mobile application, which was signed and sealed by the parties and has not been challenged by the Defendant's side to date.;
2. Interim act of acceptance of completed works for the design of the website and mobile application dated March 13, 2023 under Contract No. 716 dated October 14, 2022 for the development of a mobile application, which was signed and sealed by the parties and has not been challenged by the Defendant's side to date.;
3. Act of completed works No. 1273 dated 05.12.2023 for 15,000,000 tenge under Contract No. 716 dated October 14, 2022 for the development of a mobile application, which is also signed and sealed by the parties and has not been challenged by the Defendant's side to date.;
In total, under the above-mentioned agreements, the Defendant undertook to pay 15,300,000 tenge for the work done.
After signing the Act of Completed Works in accordance with clause 6.7 of the Agreement, "The Contractor undertakes to provide free technical (warranty) support for the mobile application and website within 6 (six) months from the date of signing by the parties of the act of completed works under this Agreement." In accordance with this clause of the Contract, the Plaintiff has duly fulfilled its Warranty obligations for 6 months.
To date, the Defendant has paid 10,800,000 tenge to the Plaintiff for the work done, and the remaining debt amounted to 4,500,000 (four million five hundred thousand) tenge, which the Defendant has not paid.
683 of the Civil Code of the Republic of Kazakhstan stipulates that under the contract, the contractor undertakes to provide services on behalf of the customer (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services.
All works were accepted by the Defendant and duly submitted and signed by the Plaintiff. No claims have been made against the Acts of Work Performed and/or Contracts and Acts of Work Performed have not been recognized as invalid and/or void. Thus, Contracts and Acts of completed works have legal force and are binding on the parties.
Subsequently, the Plaintiff sent repeated requests for payment of funds for the work done via the WhatsApp messenger. However, in violation of the terms of the contract, the Defendant has not paid for the Plaintiff's services to this day.
A violation of an obligation is understood as its non-fulfillment or improper fulfillment, which contradicts Article 349 of the Civil Code of the Republic of Kazakhstan, which is unacceptable according to Article 272 of the Civil Code of the Republic of Kazakhstan.
On July 03, 2024, the Plaintiff sent a Pre-trial claim to the Defendant's residence address, as well as a Pre-trial Claim to the WhatsApp messenger number, as evidenced by the receipt for sending the Pre-trial claim through Kazpost and a screenshot of the claim received through the WhatsApp messenger.
According to Articles 67, paragraphs 1, Article 68 of the CPC RK, evidence is considered reliable if, as a result of verification, it turns out that it corresponds to reality. Each evidence is also subject to assessment taking into account its relevance, admissibility, reliability, and all the evidence collected together is sufficient to resolve a civil case.
In accordance with Articles 68, 72 of the CPC 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 Article 8 of the Civil Code of the Republic of Kazakhstan, the exercise of civil rights should not violate the rights and legally protected interests of other subjects of law.
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, as well as 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.
Actions of citizens and legal entities aimed at harming another person, abuse of the right in other forms, as well as the exercise of the right in contradiction with its purpose are not allowed.
392 of the Civil Code of the Republic of Kazakhstan, when interpreting the terms of a contract, the court takes into account the literal meaning of the words and expressions contained therein. The literal meaning of a contract clause, in case of ambiguity, is established by comparing it with other terms and the meaning of the contract as a whole. Also, Article 6 of the Civil Code of the Republic of Kazakhstan "Interpretation of the norms of civil legislation" provides: The norms of civil legislation must be interpreted in accordance with the literal meaning of their verbal expression.
According to Article 147 of the Civil Code of the Republic of Kazakhstan, transactions are recognized as actions of citizens and legal entities aimed at establishing, changing or terminating civil rights and obligations.
In accordance with the provisions of Articles 271, 272 of the Civil Code of the Republic of Kazakhstan, obligations arise from a contract and 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.
Article 32 of the CPC of the Republic of Kazakhstan provides that the Parties may, by agreement between themselves, change the territorial jurisdiction (Contractual jurisdiction).
In accordance with clause 6.5. of the Agreement, it is stipulated that "All disputes arising under this agreement and arising from it, the parties will resolve through negotiations. When considering a dispute in court, the claim is filed at the location of the Contractor."
Thus, by agreement of the parties, Contractual jurisdiction was established at the place of registration of the Contractor in Almaty, Almalinsky district.
Articles 148, 149 of the CPC RK provide that a claim is filed with the court of first instance in writing or in the form of an electronic document with attached evidence.
On the basis of the above and in accordance with Articles 148, 149 of the CPC RK,
I ask the Court:
· Collect from the Defendant Sh.A.B. in favor of the Plaintiff IP "V." the amount of debt in the amount of 4,500,000 tenge;
· To collect from the Defendant Sh.A.B. in favor of the Plaintiff IP "V." court costs in the form of a paid state fee in the amount of 45,000 tenge;
· To collect from the Defendant Sh.A.B. in favor of the Plaintiff IP "V." representative expenses in the amount of 500,000 tenge.
With respect,
Representatives by proxy: Sarzhanov G.T.
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