Statement of claim for debt collection RK

 

To the Specialized Inter-district Economic Court of Astana

 

Plaintiff: A.AGM K. LLP

BEAN .

Address: Kazakhstan, Akmola region,

Tselinogradsky district, K.

rural district, village of K., street

M.J., house .But,

postal code 010000

 

Plaintiff's representative by proxy

N.A.A.

legal consultant, partner

…………….

 

Defendants: H. M.S.

IIN .4

.

 

 

Statement of claim for debt collection

 

On July 19, 2023, A.J.A. became the sole founder and director of A.AGM K. LLP (hereinafter – LLP).

Previously, the director of the LLP was H.M.S..

During the period 2018-2023, H.M.S., in accordance with the personal account statement, repeatedly withdrew funds from the LLP account without confirming expenses:

- 04/27/2018 cash withdrawal through the cash register in the amount of 2,500,000 tenge;

- 06/27/2018 cash withdrawal through the cash register in the amount of 950 000 tenge;

- 04.07.2018 cash withdrawal through the cash register in the amount of 400,000 tenge;

- 07/09/2018 cash withdrawal through the cash register in the amount of 200,000 tenge;

- 07/18/2018 travel expenses in the amount of 110,000 tenge;

- 08/22/2018 cash withdrawal through the cash register in the amount of 80,000 tenge;

- On 18.09.2018, cash withdrawal through the cash register in the amount of 500,000 tenge;

- 09/21/2018 cash withdrawal through the cash register in the amount of 260 000 tenge;

- On September 25, 2018, cash withdrawal through the cash register in the amount of 200,000 tenge;

- On 01.10.2018, cash withdrawal through the cash register in the amount of 700,000 tenge;

- 04.10.2018 cash withdrawal through the cash register in the amount of 300,000 tenge;

- 08.01.2019 cash withdrawal through the cash register in the amount of 300,000 tenge;

- 02/15/2019 cash withdrawal through the cash register in the amount of 110,000 tenge.

The total amount is 6,610,000 tenge.

According to Article 917 of the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the Civil Code), damage (property and (or) non-property) caused by unlawful actions (inaction) to property or non-property benefits and rights of citizens and legal entities is subject to compensation by the person who caused the damage in full.

In accordance with paragraph 1 of Article 953 of the Civil Code, a person (acquirer) who, without the grounds established by law or a transaction, acquired or saved property (unreasonably enriched) at the expense of another person (victim) is obliged to return to the latter the unreasonably acquired or saved property, except for the cases provided for in Article 960 of the Civil Code.

In this case, the damage to the LLP was caused by the fact that the Defendant withdrew funds from the LLP's accounts without sufficient grounds to the detriment of the LLP's interests.

Based on the above, I ASK THE COURT:

1)     Collect an amount of 6,610,000 (six million six hundred ten thousand) tenge from H.M.S. in favor of A. AGM K. LLP

2)     Collect the amount of the state duty in the amount of 198,300 (one hundred ninety-eight thousand three hundred) tenge from H.M.S. in favor of A.AGM K.T LLP

3)     To collect the amount of expenses for the representative in the amount of 661,000 (six hundred and sixty-one thousand) tenge from H.M.S. in favor of A.AGM K. LLP.

4)     In order to secure the claim, to seize the Defendant's property and accounts within the stated amount of the claims.

 

Application:

1) Power of attorney and extract from the legal consultant

2) Contract of assignment

3) Certificate of registration of a legal entity

4) Receipt of payment of the state fee

 

Representative of N.A.A.  

 

 

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