Motivación en las sentencias emitidas por los jueces de primer nivel en Ecuador

Abstract

Abstract: This legal proceeding concerns an enforcement action initiated by Ms. [Name] against Mr. [Name] for non-payment of two promissory notes payable to order and signed by the debtor. The promissory notes, identified by numbers 40906 and 40907, represented financial obligations totaling US$105,420, in an agreement to be paid in monthly installments with annual effective interest rates of 11.83% and 18.35%, respectively. Due to the debtor's non-payment, the plaintiff assumed full payment of the debt to the Cooperativa de Ahorro y Crédito Mujeres Unidas CCMU Ltda. (United Women Savings and Credit Cooperative), assuming the creditor's rights through a legitimate endorsement of the promissory notes. Despite multiple demands, the debtor failed to fulfill his obligation, which prompted the lawsuit. The process followed the corresponding procedure under the General Organic Code of Procedures and the Commercial Code of Ecuador. Finally, the competent judge ruled in favor of the plaintiff, ordering the payment of the outstanding balances, adjusted for interest, through a liquidation of principal and interest, without imposing additional costs or fees.