Post by xyz3700 on Feb 27, 2024 6:39:53 GMT
The São Paulo Court of Justice ordered the partners of a book distributor to pay debts with service providers after the company's dissolution was considered irregular. reproduction TJ-SP understood the partners' conduct as a project to empty the company's assets Reproduction In 2015, the distributor went to court asking for the return of R$13,000, plus compensation of one hundred minimum wages, from a digital marketing agency hired to provide e-commerce website development , social media and newsletter services . The court dismissed the action as unfounded after the agency, defended by the firm SLM Advogados , proved that it had complied with the entire contract and that the distributor had outstanding debts.
After the defeat, the book distributor was irregularly dissolved by the partners in an attempt to not pay off the debts. In the TJ-SP's understanding, there is strong evidence about the actions of the four owners to fraudulently manipulate the principle of asset separation to the detriment of creditors. The court understood the partners' conduct as a project to empty the assets of the executed company and shield the assets of the family, which has always Chinese Malaysia Phone Number List owned the distributor. Therefore, it was determined that the partners pay the outstanding amounts to the marketing agency, with interest and correction.In response to the lawyers' request, the entity argued, as a preliminary matter, connection with case which was also processed before the 4th Civil Court of Canoas and which ended up being dismissed without a resolution on the merits by judge Sandro Antonio da Silva.
The judge noticed that the authors had already filed another fee arbitration action, with the same request, which was processed in court and was judged valid. In the ruling, Silva said that the authors used the process for illicit enrichment, as they deliberately filed two lawsuits against the same defendant with identical causes of action. And they only recognized the bis in idem after the conclusion of the investigation, the presentation of memorials and the proof of the facts by the defendant. As a consequence, I order them to pay a fine in the amount of 10% and compensation equivalent to 20%, both on the value of the case, duly updated, as well as to reimburse the defendant for the expenses and legal fees incurred. to exercise its defense in these files, based on article 80, items III and V, with article 81, caput and § 3, and also with article 96, first part, all of the Code of Civil Procedure.
After the defeat, the book distributor was irregularly dissolved by the partners in an attempt to not pay off the debts. In the TJ-SP's understanding, there is strong evidence about the actions of the four owners to fraudulently manipulate the principle of asset separation to the detriment of creditors. The court understood the partners' conduct as a project to empty the assets of the executed company and shield the assets of the family, which has always Chinese Malaysia Phone Number List owned the distributor. Therefore, it was determined that the partners pay the outstanding amounts to the marketing agency, with interest and correction.In response to the lawyers' request, the entity argued, as a preliminary matter, connection with case which was also processed before the 4th Civil Court of Canoas and which ended up being dismissed without a resolution on the merits by judge Sandro Antonio da Silva.
The judge noticed that the authors had already filed another fee arbitration action, with the same request, which was processed in court and was judged valid. In the ruling, Silva said that the authors used the process for illicit enrichment, as they deliberately filed two lawsuits against the same defendant with identical causes of action. And they only recognized the bis in idem after the conclusion of the investigation, the presentation of memorials and the proof of the facts by the defendant. As a consequence, I order them to pay a fine in the amount of 10% and compensation equivalent to 20%, both on the value of the case, duly updated, as well as to reimburse the defendant for the expenses and legal fees incurred. to exercise its defense in these files, based on article 80, items III and V, with article 81, caput and § 3, and also with article 96, first part, all of the Code of Civil Procedure.