Caselaw

Civil Case (Netanya) 24733-08-21 Emanuel Keinan v. EDI. Designs Ltd. - part 11

December 16, 2025
Print

Moreover, the plaintiff did not meet the burden imposed on him to prove certain discretion, even in the defendant's conduct, from which it can be reasonably inferred in accordance with the objective tests detailed above, that it was a joint agreement of the parties that they would act in accordance with the agreement of 01.01.2020 or that the plaintiff and the defendant would act as partners as of 01.01.2020 or 07.01.2020 as claimed by the plaintiff, and that indeed they did so.

All that has been proven before me is that there was an intention on the part of both parties to examine the future possibility of the plaintiff entering the company as a partner, without agreeing on the relevant terms for this purpose, and which the parties had to agree upon after they had passed the probationary period, during which it was agreed that the plaintiff would receive a monthly consideration of ILS 14,000 against a tax invoice as a freelancer and not an employee of any of the defendants.

Therefore, the outline claimed by the plaintiff, as stated in the "Agreement dated 01.01.2020", does not constitute a binding agreement between the plaintiff and the defendants or any of them.

In addition, the existence of a partnership between the parties was not proven before me, and therefore there is no room to discuss, as the plaintiff claims, the "dissolution of the partnership", which in any case did not exist.

  1. I will add that the plaintiff's testimony is the testimony of a single litigant without assistance, and in view of what is detailed above at length, I did not find it coherent, orderly and reliable on the substantive issues that are at the core of his claim.

I do not intend to examine, as the plaintiff claims, whether the defendant's testimony is more or less reliable than the plaintiff's testimony, since the burden of proof and persuasion rests on the plaintiff and it is sufficient that I did not find the plaintiff's testimony to be orderly, coherent and reliable to me on the issues that are at the core of his claim, as detailed above.

Previous part1...1011
121314Next part