Corinthians defense alleges Duilio’s bad faith in debt renegotiation with businessman

Corinthians presented its defense in one of the five lawsuits filed by businessman André Cury. In the document, the club alleges that Duilio Monteiro Alves, former black and white president, acted in bad faith when renegotiating the debt with the agent and disputes both the amount charged and the chosen correction index.

According to the defense, signed by legal director Yun Ki Lee and other lawyers, Duilio agreed to pay R$2 million to André Cury, whereas the correct amount would be R$1.5 million. There is also a point that argues that the debt with the agent would expire at the end of 2023 and that the decision not to honor the payments was made to disrupt the new management that would take over at the beginning of 2024.

“It is true that there was an election for the club’s new president on November 25, 2023. In turn, Mr. Duílio Monteiro Alves was aware that he would not be reappointed to the position [por vedação estatutária]which raises suspicions about a possible intention to cause harm to the next management [o que, eventualmente, será apurado em sede própria]since the last installment would expire in December, still under his management”, says the defense, in a document that the ge.globo had access.

Another point contested by the new management is the correction index adopted, the CDI, which follows the Selic rate. “In the case of a title that was signed contrary to the expected good faith, the original contracts must be considered, and, in this way, the prescription that operated in relation to those“, says the defense.

The action concerns the intermediation of the hiring of Otero, Cazares and Ederson. André Cury charges R$500,000 for the first two installments in ten installments of R$50,000. As for the last one, he charges R$540,000 in three installments of R$180,000. They all won in 2021.

Corinthians had been notified of this decision last week. The total value of these cases reaches R$22 million and, if the club does not honor it, it could suffer seizure of assets – the defense alleges financial difficulties and requests that, if this occurs, the value does not exceed R$150 thousand. There is one last case that is still pending in court. He would make the amount reach R$27 million.

Other side

Duilio responded to ge.globo’s report on the issue and forwarded the same text to Meu Timão to give his version. Below is the full text:

“There were debts whose deadline required renegotiation and which needed to be addressed in order to avoid certain legal disputes, which could result in much higher values. It’s not because I was at the end of my administration that I was going to allow Corinthians to enter into this Russian roulette with creditors . The current legal director of Corinthians, with the authorization of the current presidency, seems to like to manage with high risk, leaving the way open for new lawsuits and deep debts. The current legal director of Corinthians should be worrying about the master sponsor contract. which, according to the club itself, went through the unusual “legal compliance” and ended up allowing the payment of a commission to a company that did not have a CNAE to provide intermediation services nor presented a contract that proved it had legitimacy to represent VaiDeBet in the negotiation”.

See more at: Corinthians Processes, Corinthians Board and Duílio Monteiro Alves.