He also testified that he was of the opinion that if David had fulfilled his obligations in accordance with the share sale agreement, both vis-à-vis Uri and the suppliers, we were dealing with "full and fair consideration" (p. 83, lines 4-6 of the transcript), and that he assumed that David would exhaust the proceedings with the Ministry of Health and arrange payment to the suppliers, but in retrospect it became clear to him that his impression was mistaken:
"A: I didn't say that I was giving up the 500 shekels. And my assumption, based on the meeting that took place and on the basis of phone conversations before me, my understanding was that he was going to exhaust the story with the Ministry of Health. That he is going to take care of the suppliers. That was my understanding. That was the impression I got. In retrospect, it turned out that it was a mistaken impression. But I couldn't have known it before" (p. 80, lines 14-18 of the transcript).
The plaintiff did not present to the court any evidence, including an expert opinion, that would contradict Uri's statements regarding the "economic logic", which he presented as a motive for signing the agreement for the sale of shares to David, and to support her claims regarding the sale of luxury shares to David "in a lentil stew".
- The plaintiff did claim that David "conveyed" that he was a "monkey", to whom luxury shares were transferred fraudulently and in order to defraud her creditors, but she did not prove Uri's connection to the aforesaid.
During the hearing that took place on December 4, 2023, counsel for the plaintiff claimed that David contacted her and asked why she sued him, and said: "I was a monkey here" (p. 2, line 20 of the transcript). The plaintiff's attorney did not testify about the aforesaid, nor did she file an affidavit on the matter.
Roy stated that David contacted the plaintiff's counsel by telephone in order to examine why execution proceedings were taken against him, "and in the course of the proceedings, David believed that he was employed under the cover of Keinan, with Uri hiding behind him, and he only served as a superintendent for the purpose of imposing liability" (paragraph 19 of Roy's affidavit), but when asked if he was present at the time of the telephone call, He replied that he did not remember (p. 47, lines 5 and 11 of the transcript).