The value of the café's equipment that Sol received for possession should not be deducted from the reimbursement of the consideration.
The parties announced at p. 609 of the transcript lines 17-22 that the sale agreement did not have Appendix A, as recorded in the agreement, and no details of the café equipment purchased by Sol were attached to the agreement, and an estimate of its value from the consideration paid.
The details and value of the café equipment sold by Sol were not proven prior to the evacuation of the café.
- Reimbursement of attorney's fees and reimbursement of brokerage expenses:
Defendants 1-5, jointly and severally, should be obligated to pay the plaintiffs 91.25% of each of the 10 payments paid by Sol, for which legal services invoices [2 invoices] and brokerage services invoices [8 invoices] were issued, together with linkage and interest differentials from the date of each check given in relation to the 10 invoices, as detailed below, until the actual payment of the refund.
In section 67.2 of the lawsuit, it is demanded that the defendants be required to pay reimbursement of attorney's fees and brokerage expenses in the transaction in the amount of ILS 88,697 + VAT, and antitrust in the amount of ILS 103,775.
According to the evidence submitted, it was proven that Sol paid in the transaction for attorney's fees and for brokering the sums as follows:
Legal fees paid to Razi in the café deal in Herzliya:
1] Invoice 10102 -5,000 ILS [Appendix 25 to Sol's affidavit], check date 8.8.15
2] Invoice 10178 -1,000 ILS [Appendix 25 to Sol's affidavit], check date 31.12.15
The invoices relate to the café in Herzliya - see paragraphs 60.2 and 60.3 of the affidavit of Adv. Amjad.
Invoice 10069 [Appendix 16 to Sol's affidavit] was not included in the calculation, as it was paid for attorney's fees in relation to another brokerage offer - Nahalat Binyamin Cafe, which was not executed.
Invoices 10192 and 10198 [Appendix 25 to Sol's affidavit] were not included in the calculation, as they related to fees for raising credit - see paragraphs 60.4 and 60.5 of Adv. Amjad's affidavit.