Even if the defendant proves that the plaintiff breached her obligation under the agreement, the defendant did not lay any factual basis whatsoever for the economic damage caused to him as a result of that breach and the data on which he relied for the purpose of assessing his damages.
However, data was found in an email dated December 22, 2013, in which the defendant calculates the difference between the costs and the quantity of products purchased by him versus the sale prices on the plaintiff's website.
The defendant even notes: "Business restrictions 475 x 2 ILS = 950 ILS more if I had bought it as a regular fan from the site."
Even the plaintiff's representative in cross-examination on page 8 of the transcript, lines 30-31: "On this, too, an agreement was given beyond the letter of the law to issue a credit in proportion to the difference between the price we sold on the site and the price at which the defendant claimed that we sold at a sale price."
Therefore, the sum of ILS 950 will be deducted from the amount of the claim.
- Finally, the claim is accepted by deducting the sum of ILS 950 from the amount of the debt principal, i.e., in the sum of
ILS 950 - ILS 19,750 = ILS 18,800 plus arrears interest at the maximum acceptable amount for accounts that are investigated at Bank Leumi Le-Israel (in accordance with clause 15 of the agreement) from December 31, 2013 until the date of filing the claim at the Execution Office.
This amount of debt will bear linkage differentials and interest in accordance with the law from the date of the opening of the execution file until the date of actual payment.
The plaintiff will continue the execution proceedings against the defendant in case 516560-01-15 within 30 days from the date of the presentation of this judgment to the defendant's attorney, after updating the amount of the debt in accordance with the provisions of this judgment and in the absence of payment.
The defendant will pay the plaintiff legal expenses in the amount of ILS 5,000.