Moreover, where a third party is involved, according to the plaintiff, who is supposed to purchase the products, and on the basis of whose purchases the commission will be paid, it is not clear why no document was prepared with this external party as well, if only so that the plaintiff could receive information from that party regarding the scope of the purchases and payments made by him.
Even after the termination of the joint activity between the parties, no request was presented, which could have been expected to be presented, regarding the breach of Paragon's obligations in light of the non-transfer of the commissions due to the plaintiff by virtue of the direct engagement with Shufersal.
- The evidence showed that there was indeed a tripartite meeting between the parties, for the purpose of examining the possibility of cooperation.
From Mr. Dershewitz's testimony it emerged that at that time he preferred to sell to as few customers as possible in Israel, and therefore he brought the plaintiff to the meeting, as he believed that he could sell through him, but that the complex agreement with Shufersal and the operation working with it were not suitable for the plaintiff, and therefore it was agreed that Paragon would work directly with Shufersal (see p. 59, 25 - p. 60, 9 of the minutes of the hearing of April 19, 2023).
- The plaintiff sought to confirm his version on the basis of Mr. Dershewitz's testimony in the additional proceeding, which showed that Paragon's engagement with Shufersal was done with the plaintiff's approval.
Mr. Dershewitz was asked about this in the course of his interrogation and testified that the intention was that the engagement with Shufersal was made with the plaintiff's knowledge (see P. 58, paras. 21-29 of the minutes of the hearing of April 19, 2023). The witness further argued that Paragon conducts itself transparently vis-à-vis its marketers, in order to prevent a situation in which they compete with a certain store for sales, and that it has an interest in respecting them so that they will profit and meet the payments to it (see P. 57, paras. 14-24 of the minutes of the hearing of April 19, 2023).