PRE-TRIAL CLAIM UNDER A PRE-TRIAL CONTRACT
To G.A. Stanislavovich
IIN .
Ust-Kamenogorsk, E.P. S. Embankment, 46, block 65.
+7 705 ..
Sh.E.V.
IIN.....
East Kazakhstan Region, Ust-Kamenogorsk, 64 T. St., 42 block.
East Kazakhstan region, Ulan district, Asubulak village, Ak-Kezen str., 8.
from: LLP "C.kz "
represented by Director D.O.F.
BEAN .
280 T. bi street, 13th floor, Almaty.
8 (727) ..
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.
PRE-TRIAL CLAIM
Between "C" LLP. kz" and G.A. Stanislavovich signed a Contract for the performance of paid work No.BT-567-GPH-3 dated 04/16/2024. also, gr. Sh.E.Viktorovich signed a Contract for the performance of paid work No.BT-567-GPH-4 dated 04/19/2024, where the main subject of the contract is the performance of work by Sh.E., and G.A., in full and strict compliance with the list according to the Annexes to the agreement.
The above-mentioned relations correspond to clause 1 of Articles 151, 616 of the Civil Code of the Republic of Kazakhstan, which stipulates that transactions are made orally or in writing (simple or notarized). Also, under the contract, one party (contractor) undertakes to perform certain work on behalf of the other party (customer) and deliver its result to the customer within the prescribed period, and the customer undertakes to accept the result of the work and pay for it (pay the price of the work).
In accordance with the terms 3.1 and 3.2 of the contract, the cost of completing the full list of works specified in the appendices is KZT 3,984,225. The amount to be paid on hand, minus pension contributions, contributions to compulsory medical insurance and income tax, amounted to 3,211,922 tenge.
Due to your failure to fulfill your obligations properly, the Customer has repeatedly sent notifications of the elimination of the remark.
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.
You have received advance payments in the amount of 3,980,000 tenge from the total cost of the Work. According to Heinz Alexander, the advance payments were transferred to his relatives, as evidenced by your Statement.
1,000,000 tenge on 04/18/2024 in the name of G.A.Stanislavovich;
1,000,000 tenge on 04/19/2024 in the name of G.L.Eduardavna;
500,000 tenge 05/02/2024 in the name of G.L. Eduardavna;
200,000 tenge on 05/22/2024 in the name of G.L. Eduardavna;
100,000 tenge 05/31/2024 in the name of K. L. Borisovna;
180,000 tenge 06/03/2024 in the name of K. L.Borisovna;
1,000,000 tenge on 06/10/2024 in the name of G.L.Eduardavna;
= 3,980,000 tenge.
According to paragraph 2 of the Contract, a general deadline was set for the completion of work according to the approved schedule of work and the readiness line. Thus, you were supposed to complete work under the Contract by May 29, 2024, but you did not complete the work. Moreover, you do not enter the facility ignoring the legitimate requirements of the Customer.
According to art. 620 of the Civil Code of the Republic of Kazakhstan, the initial and final deadlines for the work are specified in the contract. By agreement between the parties, the contract may also provide for deadlines for completing certain stages of work (interim deadlines). Unless otherwise stipulated in the contract, the contractor is liable for violations of both the initial and final, as well as intermediate deadlines for the performance of work.
Thus, you have caused real material damage to the Customer. At the conclusion of the Contract, the volume of work from the Customer to C. kz LLP was for 3 blocks in the building, however, due to your irresponsibility, C. kz LLP kz the amount of work on two blocks was returned, and one block in which you worked was also not completed, and this block was requested by the Customer from C. kz LLP. In these circumstances, we require a refund of 3,980,000 tenge from you. Received by you as an advance payment under the above-mentioned Agreements. Otherwise, we will demand the termination of the Contract through the court and the return of the full amount of payment under the Contract.
Due to your failure to fulfill your obligations, we have the opinion that your actions are aimed at seizing the amount by deception and abuse of trust, which is criminalized under art.190 of the Criminal Code of the Republic of Kazakhstan.
When checking G. A.S., in the Automated information System of the executive production bodies of the Ministry of Justice of the Republic of Kazakhstan "Register of Debtors", we found that enforcement proceedings were initiated against G. A.S. from 37 legal entities and individuals for non-fulfillment of obligations to Customers.
According to paragraph 4 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated June 29, 2017 No. 6. "On judicial practice in fraud cases", fraud can be expressed both verbally and in writing.
Clause 4.2 of the Agreement stipulates that in case of non-compliance with the deadlines for the completion of the work specified in the annexes to this agreement, the Contractor shall pay the customer a fine of 1% of the total cost of the work for each day of delay, but not more than 15% of the total cost of the Work specified in clause 3.1 of this Agreement.
Thus, based on the above paragraph, in case of ignoring the requirements of the claim, we will be forced to collect penalties in the amount of 15% of the total cost of two Contracts in the amount of 953,275 tenge.
We hereby invite you to voluntarily comply with the terms of the Pre-Trial Claim by August 30, 2024. If you fail to fulfill your obligations within the specified period, we reserve the right to take this matter to court. As well as the recovery of the amount of material (damages and penalties, Article 351 of the Civil Code of the Republic of Kazakhstan) and representative services in the amount of 500,000 tenge. Also, contact other competent authorities for criminal and administrative prosecution.
According to paragraph 1 of Article 113 of the Civil Procedure Code of the Republic of Kazakhstan, at the request of the party in whose favor the decision was made, the court awards, on the other hand, the costs incurred by her 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. 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.
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, stipulating that the judge returns the statement of claim, and the court leaves the statement of claim without consideration if the plaintiff fails to comply 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 preserved.
With respect,
LLP "C. kz" "___"_______________2024 G. ___________/ D.O.F.
Proxy Representative Lawyer: Sarzhanov G.T.
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.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
