The court found the Bank actions on enrichment at the expense of the borrower illegal

Court №2 of Aktau considered the case on the legal claim the Bank to the defendants - individuals for the recovery in favor of the Bank the principal amount of - 6982192, 33 tenge, indexed at a rate of - 11 409 403.66 tenge total 18,391,595, 99 tenge.

During the consideration of the civil case by the court, it was found that the Bank was granted a loan in the amount of 21.905 million tenge for the period of 120 months, with the payment of remuneration of 13% per annum on the loan and indexing condition.

Bank loan contract concluded between the Bank and the defendants, provided the monthly indexation payment tied to US dollar exchange rate on the payment date.

However, the Bank did not take into account that according to Article 34 of the Law "On Banks and Banking Activities in the Republic of Kazakhstan", is not permitted indexation commitments and payments under the contract of bank loan, issued in Tenge, with reference to any currency equivalent.

In this context, based on the terms of the contract and the requirements of the law, the court recovered from the defendants the sum of overdue principal debt - 6,982,192 33 tenge. The legal claim in the amount of the penalty in the amount of indexation - 11 409 403.66 tenge was denied by the court. Thus, the court found the Bank actions on enrichment at the expense of the borrower illegal and defended the borrower rights.

The court decision came into legal force.