Clause 7.1 of the sale agreement [Appendix 18 to the claim] states: "On the date of delivery of possession of the sale, the seller [the partnership - Y.G] will transfer to the purchaser [Sol - Y.G.] inventory at the value of the cost according to the inventory count to be carried out by the parties, and on the terms of payment of current + 30 days, with the inventory transferred to the possession of the purchaser in accordance with the seller's calculations and suppliers' prices."
In paragraph 12 of the notice submitted by the plaintiffs' counsel on May 7, 2018, it was stated that the plaintiffs deny the existence of the debt in the matter of inventory.
The court was not presented with a document regarding the inventory count as of the date of delivery of the possession, and the calculation of the remaining inventory - according to the seller's supplier prices.
The debt regarding the inventory in the amount of ILS 50,000 was not proven. Moreover, paragraph 56 of Yakubov's affidavit was attached to a deployment arrangement proposed by the partnership to Sol. In the deployment arrangement [Appendix 9 to Yakubov's affidavit] it was recorded that the inventory debt was ILS 20,000 and not ILS 50,000.
In the absence of proof of the details of the inventory count that was left, the calculation of the value of the inventory, and the inventory debt as of the date of filing the claim - the claim is rejected.
- Non-payment of royalties for the period April - June 15, 2016 [prior to the date of cancellation of the agreement]:
In section 75B(B3), the defendant was sued for non-payment of royalties for the period April-Dec. 16 - ILS 86,520.
In paragraph 10 of the Transfer of Hearing Venue Decision, the claim for payment of royalties was dismissed with respect to the period after the cancellation of the concession agreement - from June 16, 2016 onwards.
In paragraph 17 of the notice submitted by the plaintiffs' counsel on May 7, 2018, the plaintiffs admitted that they had not paid royalties from April 16 onwards. Clause 22 of the concession agreement detailed the method of calculating the monthly royalties that Sol would pay to the partnership.