Bibliographic citations
Paucar, A., (2024). Expediente privado No. 00937-2016-0-0401-JR-CI-02 y Expediente público No. 1288-2016/CC1 [Trabajo de Suficiencia Profesional, Universidad Peruana de Ciencias Aplicadas (UPC)]. http://hdl.handle.net/10757/673208
Paucar, A., Expediente privado No. 00937-2016-0-0401-JR-CI-02 y Expediente público No. 1288-2016/CC1 [Trabajo de Suficiencia Profesional]. PE: Universidad Peruana de Ciencias Aplicadas (UPC); 2024. http://hdl.handle.net/10757/673208
@misc{renati/416017,
title = "Expediente privado No. 00937-2016-0-0401-JR-CI-02 y Expediente público No. 1288-2016/CC1",
author = "Paucar Soria, Angie Alexandra",
publisher = "Universidad Peruana de Ciencias Aplicadas (UPC)",
year = "2024"
}
The case file of this legal report contains a process of obligation to give a sum of money, in which the plaintiff filed a lawsuit with the purpose of making the defendant pay the amount of S/ 126,134.30 under the promissory note that he granted and did not pay despite its due date had been reached; otherwise, should proceed with the forced execution of the property bound by the promissory note. In this regard, the judge declared the contradiction partially founded by considering that the defendant paid part of the debt collected before the filing of the lawsuit and consequently proceeded with the adjustment of the amount owed according to the payments on account and ordered the defendant to pay a new amount plus the agreed interest, under penalty of foreclosure plus costs and expenses of the proceeding. The defendant did not agree with the decision and filed an appeal. The 2nd Civil Chamber did not share the criteria of the A quo and decided to revoke the decision since the cause invoked in the contradiction is not plausible to be qualified as founded and ordered the initiation of the forced execution. The defendant filed an appeal in cassation, but the Supreme Court ruled it inadmissible since the argumentation does not show a violation in the application of the objective law, but seeks a new analysis of the facts. Therefore, the 2nd Civil Chamber issued a new decision and confirmed resolution No. 1 to enforce the execution.
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