Daejeon Set an Important Precedent in K League..."Give me money!" All FIFA-CAS demands dismissed after injury return
Daejeon Set an Important Precedent in K League..."Give me money!" All FIFA-CAS demands dismissed after injury return
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It confronted unfair demands, and as a result, it proved right.
Daejeon Hana Citizen has set an important precedent in the K-League after a long effort. It finally won the lawsuit filed by Kaiser (Henatu Kaiser), a foreign player from Brazil who was brought on loan three years ago and left due to injury. The International Court of Arbitration for Sport released the full text of the ruling on January 27 (Korean time).
Daejeon signed a contract in July 2022 to lease Kaiser, who was a member of Fortaleza, until December 31 of that year. At that time, Daejeon offered conditions such as $200,000 in rental to Fortaleza, $50,000 in monthly salary to Kaiser, and $50,000 in promotion bonuses, and finally signed the contract. In case of Kaiser's injury, he also subscribed to injury insurance worth up to $400,000.
On October 25, ahead of the promotion playoff against Gimcheon, Kaiser suffered a major injury that ruptured his Achilles tendon. In response, he asked Daejeon to "pay him a return ticket, treatment fee, monthly salary until December, and insurance of $400,000 because he wants to return to Brazil for surgery and treatment." Daejeon accepted Kaiser's request to return to Brazil and to pay treatment fees and remaining salaries, but announced that he would not be able to receive insurance payments if he did not receive treatment in Korea. Despite this, Kaiser did not budge and performed surgery in Sao Paulo, Brazil, in November that year.
After the surgery, Kaiser hired a local Brazilian lawyer and delivered the details of surgical treatment costs to Daejeon, and began urging him to do so. Daejeon paid salaries and bonuses on the date specified in the lease contract, and at the end of December, it also announced that it would pay for surgery and treatment and return to Korea requested by Kaiser. The expenses were paid in full in January 2023.
However, Kaiser continued to demand Daejeon to pay 400,000 dollars in insurance even after receiving the money back home and surgery. Even after receiving the promised money from Daejeon, he asked for insurance, saying he was willing to cut it to 350,000 dollars. However, Daejeon replied, "We have fulfilled all the conditions under the lease contract, and the insurance payment is the maximum, and we are not obligated to give the full amount." In response, Kaiser filed a complaint with the FIFA DRC.
However, the DRC rejected Kaiser's claim in August 2023.
The DRC ruled in its ruling, "Daejeon normally subscribed to insurance with Kaiser and Fortaleza as beneficiaries at the time of the contract, but according to the terms of the contract, Kaiser did not clearly grant the right to the entire insurance amount in the event of an accident," adding, "As a result of the review, since Daejeon paid Kaiser perfectly for the treatment of the injury, any further player claims are dismissed." 안전놀이터
Kaiser objected to the request and submitted an appeal to CAS. He also expressed his hope that the trial would take place in Brazil, his home turf. In response to the request, a hearing was held in Sao Paulo, Brazil in April 2024. Daejeon hired a lawyer specializing in Brazil, and team officials began a video hearing as a witness. Kaiser initially requested 400,000 dollars to pay the unpaid interest of 5 percent per annum to Daejeon from the time the contract was terminated.