Tokyo District Court Judgement on February 7, 2018 (Odaka-case)

Date of the judgment (decision)

February 7, 2018

Summary of the judgment (decision)

1. The defendant shall pay to the respective plaintiffs other than those listed in the column “Successors of this action” in Exhibit 2 (List concerning succession of this action) , and the plaintiffs [45]-3, [67]-6 and [95]-3, the sum of three million and three hundred thousand yen (¥3,300,000 ) together with the amount accrued thereon at a rate of 5% per annum from March 11, 2011, until payment in full is made.
2. The defendant shall pay to the respective plaintiffs listed in the column “Successors of this action” in Exhibit 2 (List concerning succession of this action) the amount of money set forth in the column “Amounts admitted” corresponding to the respective plaintiffs together with the amount accrued thereon at a rate of 5% per annum from March 11, 2011, until payment in full is made.
3. Both the claims by plaintiffs [45]-3, [67]-6 and [95]-3, and the claims by the other plaintiffs shall be dismissed.
4. The court costs incurred in relation to plaintiffs [45]-3, [67]-6 and [95]-3 shall be borne by plaintiffs [45]-3, [67]-6 and [95]-3, respectively. The court costs incurred in relation to the other plaintiffs shall be divided by ten, and nine tenths of such costs shall be borne by the other plaintiffs, and one tenth of such costs, by the defendant, respectively.
5. In this judgement, only Paragraphs 1 and 2 above may be executed provisionally.
Provided, however, that the defendant may be relieved from the execution if the defendant provides collateral of three million yen (¥3,000,000) to the plaintiffs other than the plaintiffs listed in the column “Successors of this action” in Exhibit 2 (List concerning succession of this action), and plaintiffs [45]-3, [67]-6 and [95]-3, and the amount of money set forth in the column “Amount of collateral” corresponding to the plaintiffs listed in the column “Successors of this action” in Exhibit 2 (List concerning succession of this action).
Table of contents

Main text of the judgment (decision)

Tokyo District Court Judgement on February 7, 2018 (Odaka-case)

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Presiding Judge

Presiding Judge: MIZUNO Yuko
Judge: YAMASHITA Hiroyuki
Judge: NAKAYOSI Osamu