Partnership share in the flower and chocolate trade

Obligating a merchant to pay 100,000 dirhams as profits to his partner

The court estimated the value of the compensation at 5,000 dirhams.

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Al-Ain Court of First Instance obligated a merchant to pay a man 100,000 dirhams of his share of the profits from investing in flowers and chocolates, and obligated him to pay 5,000 dirhams in compensation for the damages sustained by the plaintiff from not obtaining his profits on time.

In detail, a man filed a lawsuit against a merchant, demanding that the merchant pay him 100,000 dirhams in exchange for an investment contract between them, with an obligation to return him 10,000 dirhams taken from him as a loan, in addition to 10,000 dirhams in compensation with obligating him to pay fees, expenses and attorney fees, noting that The merchant agreed with him to take from him an amount of 50 thousand dirhams to invest in the field of trade in flowers and chocolate in return for paying him 5000 dirhams per month for two years. The defendant provided an amount of 10,000 dirhams, and submitted a copy of the agreement, a copy of the checks, and a copy of a bank statement stating that the check value had been withdrawn.While the defendant submitted a memorandum stating that they had agreed amicably when drafting the investment contract to reduce the amount in the event of any emergency, and despite that he committed to pay the full amount to the plaintiff at the end of each month after accounting for the transactions that were taking place between them, except that it was the result of a dispute with the owner of the shop The one he was investing stopped paying for two months before he paid all the amounts due from him, pointing out that the plaintiff refused to reduce the value of the investment, and that the value of the check was a debt to the plaintiff.

In the ruling, the court stated that the defendant was mistaken by his failure to implement his agreement with the plaintiff to deliver the monthly payments on their due date. In the amount of 5000 dirhams.

The court rejected the plaintiff’s request in the amount of 10,000 dirhams, which the defendant borrowed from him, for not providing evidence that the check in question was written to the defendant as a loan, especially that the check is in general a tool of fulfillment, and whoever claims to be in violation of the general origin must establish evidence for his claim. The court obligated the defendant to pay the plaintiff an amount of 100,000 dirhams and obligated him to pay 5,000 dirhams in compensation, and obligated him to pay the appropriate expenses, and rejected other requests.

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