Caselaw

Civil Case (Tel Aviv) 13203-10-16 Sol.E Investments & Entrepreneurship Group Ltd. v. Landau Reznieli Cafe Chain - part 6

January 7, 2025
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Counsel for defendants 1-2, 4, 6 announced at p.  609 of the transcript lines 17-18:

"With regard to the sale agreement, even though on page 1 it was stated that Appendix A - the details of the movables - there was no Appendix A to the sale agreement."

Counsel for the parties agreed at p.  609, line 15:

"The reference is to the equipment [the café equipment sold in the sale agreement - Y.G.]: tables, chairs, kitchen equipment, counters, light and heavy machinery."

Regarding the sale agreement, Adv. Amjad, who drafted the agreement, testified on page 752 of the transcript of lines 9-16: "Q.  You tell the court that the amount set out in the sale agreement...  This ILS 1,050,000 was not only for the movables and the licensee in rent, but for the entire value of the entire right? A.  That's right.  That's the value of the business activity...  It's the value of the branch itself [the Y.G.  Cafe] as a standing employee."

Counsel for the parties also agreed at p.  608 of the transcript of lines 7-8:

"We agree that the plaintiffs paid the sum of ILS 1,186,000 for the concession fees and the sale agreement, including VAT."

Sol did not pay the full consideration for the concession agreement and the sale agreement.

  1. According to Business Licensing Regulations [Proper Sanitation Conditions for Eateries] 5753-1983 - It is not possible to issue a business license for a café without the café having a warehouse and restrooms.

Yakubov, who operated the café before the signing of the agreements with Sol, received a business license from the municipality [Exhibit N/2]. 

According to Yakubov's testimony, the café in Herzliya had 50 seats inside the café, and 100 seats outside the café [p.  890 of the transcript, line 2].

In the application for a business license submitted by Yakubov [Exhibit N/22], according to which the business license was granted to the café, it was declared on behalf of Yakubov that on the ground floor of the café, which has an area of 109.60 square meters, a toilet with an area of 2.73 square meters; and on the floor above the café [first floor of the building] a toilet with an area of 2.4 square meters, and a storage room of 15.66 square meters.

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