109.5 months : 120 months X 100% = 91.25%.
In this regard, we emphasize that during 10.5 months, Sol made use of the café by virtue of a franchise agreement, and even received ongoing accompaniment services from the Rothschild Café Joint [knowledge, training, public relations] during this period. After the cancellation of the agreement on June 16, 2016, section 15A no longer applies. to the concession agreement, regarding the ongoing accompaniment of the Sol Company through the Rothschild Café Partnership.
- The plaintiffs are entitled to a refund of 91.25% of the sums as follows:
- The consideration paid in the concession agreement and in the sale agreement -
Defendants 1-5, jointly and severally, will pay Defendants 1-2 ILS 1,032,438 together with linkage differences and interest from the date of filing the claim [October 10, 2016] until the actual payment.
Sums paid by the plaintiffs in accordance with the concession agreement and the consideration agreement - ILS 1,186,000, including a tax appeal [see the consent of counsel for the parties at p. 608 of the transcript, lines 7-8].
The amount of the transaction [the concession agreement and the sale agreement]: ILS 1.5 million + tax appeal = ILS 1,755,000.
10.5 months, during which the franchise agreement was activated, is equivalent to 8.75% of the amount of consideration paid in the transaction.
10.5 Month: 120 Months [10 Years Franchise] X 100 = 8.75%.
An amount that the plaintiffs are not entitled to a refund, for the 10.5 months that the concession agreement was activated: ILS 153,562.
1,755,000 ₪ X 8.75% = 153,562 ₪.
The plaintiffs are entitled to restitution in the amount of ILS 1,032,438.
1,186,000 ILS [the amount of consideration paid] - 153,562 = 1,032,438 ILS.
With regard to linkage and interest differences, the amount will be calculated from the date of filing the claim [October 10, 2016], since it was not clarified when the consideration in the amount of ILS 1,186,000 was actually paid, and no calculation was submitted in relation to the period from the date of the transaction on July 6, 2015, until the date of filing the claim on October 10, 2016.