On behalf of the plaintiffs in the loan claim and in CA 16633-03-24 and the defendants in the coin claim testified and were interrogated before: Sarel, Shahar, Gil, Mr. Eli Maor and Mr. Oren Ozeri.
On behalf of the defendants in the loan claim, the plaintiffs in the coin claim and the defendants in CA 16633-03-24, testified and were questioned before: Vered Vatori, CPA, Mr. Yehuda Ziner, Mr. Tal Podim, Mr. Yaniv Levy and Rafi.
Discussion and Decision
- The Loan Claim - CA 31902-02-21
- The claim is based on a loan agreement signed on May 19, 2016 between Excalibur and RBA, in which Excalibur lent RBA the sum of $647,000 for a period of one year or until the sale of one of the assets specified in the loan agreement, whichever comes first. According to the terms of the loan agreement, the loan carries an annual interest rate of 10% for a maximum of 12 months.
- The defendants do not deny that the loan amount was transferred to Rafi's personal account on May 17, 2016, and do not deny that the loan was not repaid on time or at all.
- The main disputes between the parties are:
- Is the loan agreement a genuine agreement or an ostensible agreement, and what are its terms?
- Is Rafi a personal guarantor for the repayment of the loan?
- Are the conditions for offset met (if it is proven that there is a counter-debt)?
- Below I will address each of the questions in the dispute.
Is the loan agreement a genuine agreement or an ostensible agreement, and what are its terms?
- The loan agreement was signed after negotiations took place between Sarel, Shahar and Rafi, in which its terms were agreed.
- The terms of the loan agreement, as agreed upon between the parties, were put in writing, in an email sent by Sarel on May 15, 2016 (Appendix 3 to Sarel's affidavit), 4 days before the signing of the loan agreement, to CPA and Ettori. A copy of the message was also sent to Rafi.
Here's how it was recorded:
"The terms of the loan:
12-month loan at an interest rate of 10% p.a.