Subsequently, only clause 8.4 of the agreement will be deducted, according to which all investments invested in the purpose of establishing the system will be deducted, when these will be deducted from all initial receipts.
Compensation for Loss of Entrepreneurial Profit
- The plaintiff also demanded compensation for loss of entrepreneurial profit - the plaintiff requested compensation for loss of entrepreneurial profit in the amount of ILS 33,962 for the purpose of calculating the loss of entrepreneurial profit, the plaintiff referred to the difference between the cost/pricing of the system to the defendant (ILS 3,800 per 1 KW) and the total sale in the other agreement with Ormesh (ILS 3,150 per 1 KW), i.e. a difference of ILS 650 per 1 kW and in business restrictions ILS 67,925, of which half of the defendant's, Thus, the loss of the plaintiff's entrepreneurial profit is ILS 33,962.
- In this regard, the plaintiff did prove an entrepreneurial profit loss of ILS 650 per 1 kW (the difference between the two agreements is ILS 3,800 - ILS 3,150 per kilowatt), where, in accordance with the agreement with the plaintiff Dor on a system of about 100 kW, therefore 650 times 100 - ILS 65,000, of which 53% belongs to the defendant and the plaintiff's balance is 47% (clause 8.1 of the agreement) - i.e., a loss of entrepreneurial profit of ILS 30,550. Although here too the size of the roof was not final, in this regard the difference is not large or significant (between 100 and 104.5) compared to the loss of future losses.
- The plaintiff's arguments for the expansion of the façade should be rejected. The demand for entrepreneurial profit was already raised in the plaintiff's affidavits, and then the plaintiff requested to amend the amount of the claim, and in accordance with my decision of June 16, 2024, I approved the amendment of the claim after the defendant announced that he had no objection to amending the claim amount of ILS 515,948 (which includes a claim for entrepreneurial profit).
- After I found that the plaintiff is entitled to compensation for the loss of entrepreneurial profit, she is not entitled to reliance compensation, since entrepreneurial profit is part of subsistence compensation.
Other Arguments of the Parties