Sendai High Court 2018 (Ne) No. 164 Judgment rendered by the Second Civil Division on March 12, 2020

(1) The Defendant shall pay to the Plaintiffs who are listed with amounts of money in the column entitled “Additional amounts to be awarded” in Exhibit 3 (List of Amounts Awarded), in addition to the amounts awarded in the first instance, each amount of which is indicated in such column, plus the interest accrued thereon at a rate of 5% per annum from March 11, 2011t[3] , until payment in full is made.

(2) The other secondary claims by such Plaintiffs shall be dismissed.

2. Based on the appeal by the Defendant, the part of paragraphs 2 and 3 of the main text of the Original Judgment corresponding to Plaintiffs Nos. 77-1 [4]through 77-5 as listed in Exhibit 3 “List of Amounts Awarded, etc.,” of the Original Judgment shall be changed as follows:

(1) The Defendant shall pay to Plaintiff [ ] (77-1), Plaintiff [ ] (77-2), Plaintiff [ ] (77-3), Plaintiff [ ] (77-4) and Plaintiff [ ] (77-5) 5,250,000 yen each, plus the interest accrued thereon at a rate of 5% per annum from March 11, 2011, until payment in full is made.

(2) The other secondary claims by such Plaintiffs shall be dismissed.

3. All the other appeals by the Plaintiffs in paragraph 1 above, the appeals by the other Appellant-Plaintiffs, and the appeal by the Defendant against the Appellee-Plaintiffs other than the Plaintiffs in paragraph 2 above shall be dismissed. Provided, however, that the part of paragraph 2 of the main text of the Original Judgment corresponding to Plaintiffs Nos. 54-4-1 through 54-4-4 listed in Exhibit 3 (List of Amounts Awarded, etc.) of the Original Judgment shall cease to be effective due to the withdrawal of the action in this instance, and the part (of paragraph 2 of the main text of the Original Judgment) corresponding to Plaintiff No. 54-4-5 has been changed as in the next paragraph due to the succession, and a partial withdrawal, of the action in this instance.

4. The Defendant shall pay to the Successor [ ] (54-4-5) of late Plaintiff [5][ ] 4,050,000 yen, plus the interest accrued thereon at a rate of 5% per annum from March 11, 2011, until payment in full is made.

5. In between the Plaintiffs in paragraphs 1 and 2 above and the Defendant in the first and second instances, the court costs shall be divided into ten, and a tenth of which shall be borne by the Defendant, and nine tenths, by such Plaintiffs. In between the other Plaintiffs and the Defendant, the appeal costs of the Appellant-Plaintiffs shall be borne by themselves, and the appeal costs of the Defendant shall be borne by itself.

6. Paragraph 2 of the main text of the Original Judgment (provided, however, that, the parts related to the provisos in paragraphs 2 and 3 of the main text of the judgment herein shall be excluded), and the provisional execution of paragraphs 1(1), 2(1) and 4 of the main text of the judgment herein may be enforced.

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