It is agreed between the parties that the loan will be repaid within a year or by the sale of one of the following properties: Blue, Rishpon, 809 Broadway
The purpose of the loan is to invest in a real estate project
Collateral: Personal Guarantee"
- In accordance with the summary, and even before the loan agreement was signed, the loan amount was transferred from the Excalibur account to Rafi's personal account.
- Subsequently, on May 18, 2016, a draft of the loan agreement was sent by CPA Vatori. The email was sent to Sarel and Rafi.
- CPA Vatori confirmed in her testimony that the loan agreement was drawn up by her, in accordance with the terms as detailed in the email message sent by Sarel on May 15, 2016, that Sarel did not amend the wording of the agreement and no drafts were exchanged between the parties. This is contrary to the defendants' claim that Sarel was the one who drafted the loan agreement.
Thus she said on page 23 of the transcript of March 19, 2025, paras. 19-21:
"Q. OK. Please confirm to me that you sent Israel the loan agreement between Excalibor and RBA and Rafi, right?
- I sent the agreement after I received the data that makes up the loan."
And on p. 24, paragraphs 13-14:
"Q. There was no exchange of drafts, was there?
- No, what it was."
- Rafi did not claim in real time that this was an agreement for the sake of appearance. The loan agreement as drafted by CPA Vatori was signed by him and later admitted its existence and even admitted that the loan was not repaid on time. Thus, Rafi noted in a WhatsApp message dated October 7, 2018 (Appendix 15 to Sarel's affidavit):
"It's true that there is an agreement and I was late because I couldn't sell.
So what happened to the end of the world
How many agreements have you seen that have been delayed?"
- As part of that correspondence, Rafi confirmed that the loan was interest-bearing and that he would pay interest on a one-year delay. In his words:
"You will be ashamed.
And I'll pay you interest for a year's delay as you wanted."