Admittedly, later in his testimony, defendant 1 claimed that the defendants' liability for payment by virtue of the affidavit of solvency is for one year only, but as stated, this argument was rejected by me (see paragraph 24 above).
- From all the aggregates, I am convinced that there is a causal connection between the defendants' declaration in the solvency affidavit and the plaintiff's reliance on this affidavit and on the defendants' statement in the hearing in the previous proceeding, a reliance on which he refrained from taking further actions, and the damage caused to the plaintiff – the inability to repay the company in the amount of the judgment.
- Conclusion
- Therefore, the claim is accepted in full.
- The defendants, jointly and severally, will pay the plaintiff, within 30 days from today (the "Payment Date"), the following amounts:
- The sum of NIS 54,446 plus NIS interest from the date of filing the claim until the date of repayment.
- The full claim fee as paid. The first half of the fee will be paid plus shekel interest from the date of filing the claim until the date of repayment, and the second half of the fee will be paid with additional shekel interest from the date of the judgment until the date of repayment.
- Legal expenses in the sum of NIS 1,500 and attorney's fees in the sum of NIS 6,500, both plus NIS interest from the date of the judgment until the date of repayment.
In ruling on legal expenses and attorney's fees, I took into account the outcome I reached, the number of hearings, and the resources invested in the proceeding, the recommended fees of the Bar Association, as well as the conduct of the proceedings in this case, which characterized both parties and led to an unnecessary delay in clarifying the proceeding.
Granted today, 27 Iyar 5785, May 25, 2025, in the absence of the parties.