Civil Case (Be’er Sheva) 7137-09-18 Netanel Attias v. Alon Goren - part 92

Plaintiff 7, Mrs. Carmit Shimoni, later signed the contract from the other members of her group.  Since her partner, Mr. Elia Shimoni, was present at the time of the early signing of the contracts by the other members of the class, and was, according to him, "the active spirit in this transaction" (p.  1416, paras.  9-11), he knew that the seller demanded that lower sums be recorded in the contract than those actually paid.  Despite this, Mr. Shimoni did not share this with his wife due to the fear that she would not agree to sign the contract.  All this, when Mr. Shimoni had already led his friends to sign the contracts two and a half weeks earlier, and he clearly knew that under these circumstances he could not avoid signing the contract through his wife.  Therefore, according to Mr. Horowitz's case, she will seek the correction of the injustice from her spouse and not from the defendants.  The Shimonites even had a long time to examine the wording of the contract with another lawyer, but they did not do so.  In any event, Mrs. Shimoni testified that although "I formally purchased the plot and it was registered in my name, the person who was active in all the stages prior to the signing of the contract was my husband Elia Shimoni Cohen..." (Paragraph 5 of the affidavit).  Ms. Shimoni did not deny that her spouse may have known about section 15, noting that he may have known but "did not believe it" or that he had been "reassured." In any event, I have already determined factually that Mr. Shimoni knew about clause 15 of the lease contract.  In fact, Mr. Shimoni admitted, as stated, that the reason why the plaintiffs did not file the lawsuit after Mr. Sidon gave them the matter in 2013, lies in the fact that "in order to file the lawsuit, you incriminate yourself" (p.  1558, paras.  21-22).  Thus, Mr. Shimoni taught that he could have avoided the damages caused to him by the subject of the lawsuit if he had acted to cancel the contract at that time, and at least he could have filed a claim with the court shortly thereafter.