See, for example, the Mandin case.
In my opinion, under these circumstances, Meitar is entitled to the full agreed compensation, i.e., three months of rent, in the sum of ILS 108,792.
Billing the iDrives as a willow
- iDrive signed an irrevocable letter of guarantee, unlimited in amount, and without any conditions, in the framework of which it undertook to be responsible, jointly and severally, with the Champions Workshop, for the full fulfillment of all of the latter's obligations, within the framework of the lease agreement (Appendix F to the lease agreement, Appendix 1 to Anavi's affidavit).
On behalf of the Champions Workshop, no argument was raised in connection with this guarantee.
- Therefore, iDrive should be obligated jointly and separately with the Champions Workshop.
Conclusion
- In light of the above, I rule as follows:
- In the claim of the Champions Workshop, Meitar will refund 50% of the rent for the half of March, i.e., 50% of the total amount of ILS 17,432 (i.e., ILS 8,716); 50% of the rent for the months of April and May that were forfeited - a total of ILS 35,597 (ILS 71,194 forfeited: 2 = 35,597) and an antitrust fee of ILS 44,313.
- The law of restitution of the value of the air conditioners - postponement.
- In Meitar's counterclaim, the Champions Workshop, jointly and severally with Eye Drive, will bear 50% of the value of the rent for 7 months, and the antitrust fee will be ILS 253,848 (36,264X7). That is, 126,924
- The Champions Workshop, together and separately with Eye Drive, will bear the full agreed compensation, in the sum of ILS 108,792 .
- The Champions' Workshop will bear the difference in rent for the months of April and May in the amount of 50% of the difference, which is ILS 1,334, i.e. ILS 667 .
- The Champions' Workshop, together and separately with Eye Drive, will bear maintenance expenses for 9 months (a total of ILS 5,400), according to the division of responsibility that I have determined, as stated above. In other words, the Champions' Workshop must bear 50%, i.e., ILS 2,700.
- The law of compensation for the difference in rent in relation to the new lease agreement with the alternative tenant - deferral.
- The total amounts will bear interest and linkage differentials in accordance with the law, from the date of filing the claim until the actual payment. In addition, in light of the proceeding, the Champions' Workshop, jointly and severally with iDrive, will bear legal expenses in the sum of ILS 7,500 and attorney's fees in the sum of ILS 35,000.
The total amounts will be paid within 30 days.