Civil Case (Tel Aviv) 1199-11-18 Doron Zaruk v. A.R.A.B. Bonus Ltd. - part 46

Already in Mr. Zaruk's statement of defense to the counterclaim, he explicitly admitted that after leaving the company (and within the 36 months of his retirement( he was involved - directly, or through the Weinberger firm, inhandlingvarious proactive charges for authorities, including in the area of development levies.  At the same time, he noted that in his opinion he was entitled to do so (see, for example, paragraphs 105, 115, 131 and 136 of the counter-statement).

This is enough to reject the claim.

151. The Bonus Company has not been able to meet the burden of proof imposed on it to prove that Mr. Zaruk began to compete with it while he was still working for the Bonus. Goldian's affidavit in this regard is not sufficient, as it is the only testimony of a litigant, and I have not found that this is the case to base a finding solely on its basis. The totality of the evidence presented cannot substantiate what is claimed in this matter.

The Result

152. In light of the above, I accept the main claim for the most part, in the sense that I order the appointment of an investigative accountant, who will be authorized to collect materials and receive information and documents from the parties, and who will determine the balance of the remaining debt to be paid.

Regarding his appointment, a separate decision will be made.

153. In a number of issues that I have decided, the accountant must calculate the balance of the account in accordance with the principles I outlined in this judgment:
     1. The sum of ILS 150, 045 should be deducted for Adv. Golan's salary expenses.
     2. Chen's salary should be reduced by ILS 296, 107.

• Zaruk's share of the profits should not be deducted from any payment made by the bonus company to Adv. Shaked.

1. No amount should be deducted from Mr. Zaruk's share of the profits in respect of Mr. Goldian's salary.
2. Zaruk's replacement salary should be deducted from the income of a bonus company from the authorities, and not from Mr. Zaruk's share of the profits.
3. The expenses of the employees who worked with Mr. Zaruk on his files and who continued to work after his departure should be reduced to ILS 1, 562, 627.

• Expenses such as "legal, fees, car rentals, Suzuki vehicles" must be reduced by half of the amount for which the bonus petition was requested, i.e., a total of ILS 378, 531 for the years 2014-2019.
• Rent expenses, municipal taxes, management fees, cleaning and electricity for the years 2014-2019 should be deducted only the amount that Mr. Zaruk agreed to recognize, i.e., a total of ILS 417, 539.

1. The calculation of the cost of the components of "Bookkeeping and Auditing" and "Refreshments and Gifts" must be included within the framework of the indirect expenses mechanism set out in paragraphs 2(f( and 2(k( of the Agreement.

154. The investigative accountant must determine the consideration to which Mr. Zaruk is entitled, also in relation to the considerations received since the filing of the claim until today in the hands of a bonus.
155. After the appointed accountant submits his opinion to the court, I will also establish provisions regarding Mr. Zaruk's entitlement to his share of the profits in respect of income from Mr. Zaruk's files that have not yet been received by a bonus from the authorities.
156. The accountant who will be appointed will also address the debt in the sum of ILS 150, 000 that a bonus owes to Mr. Zaruk as of the end of 2013, and will give his opinion as to whether this debt still exists, or whether it has already been deducted from the advances already paid to Mr. Zaruk.
157. I reject the counterclaim in its entirety.
158. It is true that in its summaries, the bonus company reduced the amount of compensation that the Weinberger firm was required to pay. However, such a reduction was not made in the statement of claim Opposite As submitted. Under these circumstances, the Ministry was forced to incur considerable expenses in view of the scope of the documents The Honorable which was replaced in this case; Taking into account the number of meetings and30The scope of the issues raised for discussion and examination.  It is true that the firm represented itself, but it is still required to invest many hours of work, which can be invested in other activities.  Since the counterclaim in his case was dismissed in its entirety, the firm's expenses must be addressed in an exhaustive manner at this time.

Against the background of the aforesaid, I determine thatA bonus company will bear the firm's expenses in the sum of ILS 250, 000 plus VAT.

159. I also found that the bonus company should be obligated to bear the expenses Intermediate of The plaintiff's attorney's fees in the sum of ILS 200, 000 plus VAT and the plaintiff's expenses, who were required to collect many documents and invest a considerable amount of time, in the sum of ILS 30, 000.

This is an amount of expenses on the basis of what has been said so far, which I have found to be imposing in view of the scope of work required to file the claim and for the purpose of defending against the counterclaim, and at a time when the calculation was unnecessarily postponed.  The final amount of expenses in the matter, including for the aforementioned components, will be determined later, taking into account the results of the calculation.

160. The sums of the expenses awarded in this partial judgment will bear shekel interest until payment.
161. The Secretariat is requested to send this partial judgment to the parties.

Given today, July 03, 2026, in the absence of the parties.