T.A. 19509-05-17 is concerned with check No. 0370975 in the sum of ILS 1,647,879 (hereinafter - the check in the sum of ILS 1.6 million), whose maturity date is March 7, 2017 - for which execution case No. 516080-03-15 was opened.
(hereinafter - the checks).
- The defendant filed objections to the execution of the checks, which were discussed separately and were accepted, prior to the consolidation of the cases before me.
- The parties submitted affidavits of the main witness as follows:
On behalf of the defendant, Dr. Manana Dan - the CEO and owner of the defendant (hereinafter - Dr. Dan) filed.
On behalf of the plaintiff, its directors and shareholders, Mr. Lior Meisler and Mr. Nir Hodis (hereinafter - will be referred to respectively as Mr. Meisler and Mr. Hodis).
The defendant also requested that Mr. Ali Abu Razeq (hereinafter - Mr. Abu Razeq), who is the owner of the company that manufactures the cosmetics in question, be summoned to testify, and he appeared and testified.
- The parties summarized their arguments in writing.
Background and undisputed facts
- The plaintiff is engaged in the marketing and sale of cosmetic products, including cosmetic medical products, which it purchases for distribution purposes from the manufacturer - Lin Nano Technology (hereinafter - the manufacturer).
The plaintiff marketed distribution packages for cosmetic products to certified cosmetologists and other entities such as doctors.
The defendant is engaged in the field of medical aesthetics, and for the purpose of this business she purchased cosmetics from the plaintiff.
- The plaintiff and the defendant have been engaged in joint activity since February 2015. In this framework, the plaintiff sold the defendant cosmetics that she distributed and marketed to her customers.
The distribution mechanism of the products was carried out in such a way that the plaintiff's customers - including the defendant - purchased cosmetic products for potential activity about a year in advance. and the consideration, reflecting a discount, was paid to the plaintiff in 24 checks that they handed over to her. Thus, in effect, the plaintiff gave its customers suppliers' credit for the goods they purchased.
- In addition to the supply of cosmetic products, the plaintiff and the defendant entered into an agreement to operate a joint clinic in Rishon Lezion for the sale of products and the provision of cosmetic medical treatments, from the end of 2015 until the relationship between them deteriorated at the end of 2016 due to financial disputes, following which the checks were even forfeited, hence the claims before me.
The parties' arguments
- The defendant claimed that the checks were stolen and forged without her knowledge and consent, but at the same time she claimed that the signatures on the checks were her signatures, but she did not fill out the checks.
The defendant further claimed that the plaintiff was not in proper possession of the checks, since the checks were delivered to her when they were open and invalid and complete according to their appearance, and it was the plaintiff who completed their contents.