Judgment by the Fukuoka

Cultic Studies Journal, Volume 12, Number 1, 1995, pages 72-102

Judgment by the Fukuoka (Japan) District Court on the Unification Church

Editor’s Introduction

In 1987 a network of lawyers was formed in Japan for the purpose of eliminating “spiritual sales,” especially those conducted by the Unification Church. Approximately 300 lawyers have participated in this network. These lawyers claim that perpetrators of spiritual sales have swindled individuals or subjected them to undue influence in order to obtain large gifts from them. The lawyers network claims that “in the past seven years (from February 1989 through February 1994), just from the cases that were brought to the attention of us lawyers, there have been about 16,000 cases, and the losses have been over 60 billion yen” (from “The Activities of the Unification Church, “March 1994 statement by the Network of Lawyers Against Spiritual Sales). The following judgment by the Fukuoka District Court illustrates the controversy over spiritual sales. The judgment is currently under appeal. When CSJ learns about the outcome of the appeal, an update will be published.

Court: Fukuoka District

Case Number: 1990 #1082

Date of Judgment: 27 May 1994

Plaintiffs: alias A, housewife, approximately 40 yrs.

alias B, housewife, approximately 50 yrs.

Defendant: World Christian Unification Spiritual Association

(alias: Unification Church)

The Fukuoka District Court has ruled that the Unification Church is legally liable for the unlawful acts for the procurement of monetary donations perpetrated against the plaintiffs, and has awarded damages to plaintiffs A and B as follows. The District Court ordered the Unification Church to pay plaintiff A the sum of 35,000,000 yen plus five percent (5%) of said sum in penalty fees to accumulate annually from 26 June 1988 until date of actual payment; and further to pay plaintiff B the sum of 2,600,000 yen plus five percent (5%) of said sum in penalty fees accumulated annually from 27 July 1989 until date of actual payment.

The Court recognized that the Unification Church as a religious corporate body did perpetrate unlawful acts against plaintiffs A and B. In addition to corporate liability, the Court also holds the employees of the Unification Church liable for the actions of the church corporate body. The Court ruling has set a new, epoch-making legal precedent for future District Court decisions. At the time of this writing, the Unification Church has appealed the District Court decision to the Fukuoka High Court.

Comment

Throughout Japan, there are countless numbers of victims who have suffered damages related to the activities of the Unification Church members to collect monies from victims throughout the world. At present there are more than 1,000 persons in Japan who have sought legal counsel to obtain just compensation including litigation fees, for damages caused by the Unification Church members. The total claim for damages is in excess of 7,000,000,000 yen (7 billion yen).

Contents

Introduced below is a translation of the Fukuoka District Court Judgment inclusive of statements and facts which transpired during Court proceedings, and on which this Judgment has been based.

Part I: Inquiry into acts of solicitation for monetary donations against the plaintiffs by the members of the accused Unification Church

Section A: Acts of solicitation for the procurement of monetary donations committed against plaintiff A. (Omitted here are the specified exhibits, testimonies and other evidence by which the court based its decisions on this case regarding plaintiff A.)

Article 1: Circumstances leading up to the 30,000,000-yen monetary donation

(a) On 2 August 1987, the spouse of plaintiff A died of heart disease causing plaintiff A losses of economic and psychological supports. After her husband’s death, plaintiff A (hereafter PA) dissolved her deceased spouse’s self-employed business and began settling remaining accounts. During this period, PA and her only daughter child were experiencing emotional distress over the premature death of PA’s husband. It was during this period, around February 1988, that a member of the defendant Unification Church (hereafter UC) by the name of X (hereafter UCX), who was living in the near vicinity of PA’s domicile, visited PA’s domicile to express her (UCX’s) condolences. At this time, UCX concealed her relationship and/or connections with the UC.

On this same occasion, PA who was feeling melancholic and lonesome, spoke openly about her deceased spouse to UCX. Ergo, UCX invited PA to attend an exhibition of paintings sponsored by a said colleague of hers (UCX’s). PA considered that going to see and appreciate the paintings might lift her spirits, and accepted UCX’s cordial invitation. Accordingly, PA went with UCX to the exhibition which was held inside a building located behind the Hakata train terminal. However, while on the surface this exhibition was aimed for the appreciation and viewing of art paintings, it was actually designed for the ulterior purpose of selling the exhibited paintings provided by Miyabi Co., Ltd.

UCX and the sales coordinator of the above exhibition accompanied PA in walking around the exhibition. In context, UCX persuaded PA to purchase paintings by frequently saying such things as, AIf there is a painting you like, you may buy it,” and A[That painting] would look perfect in your child’s room,” and AI have bought [a painting] myself, so why don’t you buy [one] too.” Because UCX had visited PA to offer her condolences for PA’s deceased spouse, PA felt she could not refuse UCX’s recommendation. Accordingly, PA decided to purchase one painting costing 220,000 yen.

Upon PA’s decision, UCX said to the above-mentioned sales coordinator, “Excuse me. Could you help us please?” and proceeded to relay that PA had decided make a purchase. In context with making the purchase, PA completed the various required procedures such as signing a purchase agreement form and placing a cash deposit of 10,000 yen. On subsequent dates, PA paid the balance sum of 210,000 yen in three supplementary payments via money wire transfer to the Miyabi Co., Ltd.

(b) In the period which followed PA’s purchase of the painting, UCX began to visit PA’s domicile on a frequent basis. During one or more of these visits, UCX invited PA to the Oasis Society1 for the purpose of watching videos. Also, on several same occasions, UCX took to PA’s home various videos concerning such topics as “The Story of Tetsuro Tanba’s2 Spiritual World,” and so forth.

Around the beginning of April 1988, a person by the name of Hayashida was introduced to PA by UCX. On this occasion, Hayashida told PA, AA very famous teacher called Nagayoshi, whom we rarely have a chance to meet, is coming and would like to meet you. Your husband is suffering in Hell. Why don’t you meet the teacher and help your husband?”

Thinking that Nagayoshi was a teacher one could rarely meet, and that this teacher knew that her husband was suffering in Hell, PA thought she might like to meet this teacher once and decided to accept the invitation.

UCX and Hayashida took PA to the Minoshima Reijo (Minoshima sacred place). Once inside the Reijo, they entered a Japanese-style room with tatami flooring (rice fiber woven mat). Here, Nagayoshi (known as Teacher Nagayoshi) was sitting and praying in front of a Maitreya statue.3 After praying, Nagayoshi began trembling and crying and (in this state) said to PA, “Your husband is descending. I can see your husband’s body (figure) suffering in Hell. I cannot stop myself from shaking. Your husband is saying he wants you to donate 5,000,000 yen.” Nagayoshi then went on to canvass PA to donate the sum of 5,000,000 yen.

At this point, PA was overcome with fear and surprise at Nagayoshi’s realistic countenance. Being placed in the midst of this dramatic situation and recently having been shown videos concerning the spiritual world, PA began to think that Nagayoshi could actually see her deceased husband’s body (figure) suffering in Hell. Yet, at the same time, PA considered that she could not fulfill such a sudden donation request for such an exorbitant amount of money, and thus, PA declined the demand. Upon PA’s refusal, Nagayoshi got up from her seat, left the room, went into another room and returned to further persuade PA to make the donation. In seeing that PA was still irresolute (in affirming that she would donate the money), Nagayoshi again got up from her seat, went into another room, and returned again to further persuade and encourage PA to make the donation. This same act of entering and leaving the room along with the above types of verbal persuasion was repeated several times.

Throughout this entire time, UCX and Hayashida were sitting very close to and on either side of PA. UCX and Hayashida kept telling PA, “Hang in there. Don’t give up. Just believe,” and similar words to encourage PA to make the donation as Nagayoshi had requested. As a result of the above, PA felt afraid, threatened, and unable to go on refusing the donation due to the extremely persistent requests. As a result, PA finally consented to the making the donation.

However, after returning home, PA regretted that she had consented to make the above donation and could not rid herself of these feelings. Ergo, PA phoned UCX to decline the donation. When PA expressed her unwillingness to donate the money, UCX retorted saying among other things, “If you delay your answer, your husband’s body (figure) suffering in Hell will appear to you in your dreams. You had better decide soon. If you don’t decide by tomorrow, things will be difficult for you.” Hence, because UCX not only did not listen to PA’s grievances but further continued to encourage PA to make the donation, PA could not decline the donation. Consequently, on the following day, PA went with Hayashida to the Fukuoka Sogo Bank, Ijiri Branch and withdrew a sum of 5,000,000 yen.

Upon the withdrawal, Hayashida explained to PA that when a bank client withdraws a sum of 5,000,000 yen or more, the bank usually carries out a search of inquiry to determine how the money is used. In precaution of this event, UCX instructed PA to answer such inquiries in advance and to explain that the withdrawal will be used to make a lump-sum payment for an insurance policy issued by a door-to-door salesman.

Ensuingly, PA took the 5,000,000-yen withdrawal to the Minoshima Reijo where she placed the money as an offering in front of the Maitreya Statue. At this time, however, PA was not informed as to the actual recipient of the 5,000,000-yen donation. Further, although PA requested a receipt for the above donation, PA never received or was issued such a document.

It should be mentioned here that it was around the very time of the above incident that PA’s deceased husband’s life insurance payment, the sum of 45,000,000 yen, was transferred to PA’s personal bank account.

(c) Around the end of April 1988, UCX introduced PA to another member of the UC. Upon their meeting, this said person (hereafter UCY) told PA personal stories of her life such as the tale of her (UCY’s) husband’s premature death (although the veracity of UCY’s stories remains unconfirmed). Also at this time, UCY told PA (among other things), “There’s a great teacher who would really like to meet you. It is rare that people have a chance to meet this teacher face to face. You are so lucky.” UCY then took PA to the Kasugabara Dojo4 where PA was shown a video and given a lecture about the “End of the 20th Century” by Hiroki Eto (a person called Ateacher” and member of the UC).

Several days after this incident, PA went with UCY to the Kasugabara Dojo. Here, a woman who went by the name of Ateacher” displayed to PA three items: a Tahoto,5 a Maitreya statue, and a statue of Buddha. Upon showing these items to PA, the woman asked PA, “Which one are you most attracted to (strikes your fancy)?” When PA reacted by pointing to the Maitreya statue, the woman told PA, “Well, then, you shall acquire the Maitreya statue.” UCY (who was sitting next to PA) said to PA, “If you believe you will absolutely be happy. Now, because there are three parts in the one body (holy trinity), you shall also take two pairs of rosary beads.” Thus, in addition to the Maitreya statue, PA was being recommended to purchase two pairs of rosary beads as well. Then UCY told PA, “The number 12 is a good number for you, so in order to make (your total donation) 12,000,000 yen, let’s make the cost (of these items) 7,000,000 yen.” Thus, by taking the aforesaid donation of 5,000,000 yen and adding it to the above-mentioned merchandise costs to make a total of 12,000,000 yen, PA was requested a disbursement of 7,000,000 yen.

However, PA expressed hesitancy to make such a purchase. Nevertheless, PA was strongly urged to do so by the above-said “teacher” who kept impressing PA with the idea that her deceased husband was suffering in Hell. As a result, PA consented to the above purchase. Upon doing so, PA was shown the rosary beads and Maitreya statue by the manager of Seiundo Co., Ltd. (the distributing company of the purchased items). Successively, PA went with UCY to the Kyushyu Sogo Bank, Ijiri Branch, where she (PA) withdrew a sum of 7,000,000 yen which she then took to and presented as an offering at the Buddhist altar of the Kasugabara Dojo. However, while PA had believed (all along) the above 7,000,000 yen to be the total purchasing cost of the Maitreya statue and the rosary beads, only after PA received the purchase slip (with a marked invoice indicating the actual purchasing costs), did PA realize the cost of the purchased items to be 5,130,000 yen and the remaining sum of 1,870,000 yen to be a donation to “Tenchi Seikyou.”6

(d) Pursuant to the above events, UCX frequently visited the domicile of PA to show her (PA) videos and to take PA to the Oasis Society and so forth. Then, in May 1988, UCX requested to see PA’s signature (stamp) seal7 which she (PA) was currently using. PA complied with UCX’s request. UCX then examined seal. Upon doing so, UCX recommended that PA purchase a new seal by saying (among other things), “The design of this seal8 is inauspicious. The length is too short as well. You had better buy a new seal.” Several days later, UCX took a young woman who was a signature seal salesperson to meet PA at her (PA’s) domicile. From this woman, PA purchased a set of three seals--two for herself and one for her daughter. Along with this, PA also received an official-looking (but legally unofficial) certificate of appraisal which was marked with the name (of sales agent), “Toyo Inso Kyokai,9 Amamoto Myoko.”

Article 2: Acts of solicitation related to the 30,000,000-yen donation

(a) PA frequently went to the Oasis Society upon invitation from UCX et al. Before long, PA enrolled in a 10-day intensive course offered at the Oasis Society. This course was being taught by a certain person by the name of Doseki, a UC member enlisted at the Society. The main study material of the above course concentrated on the “Unification Principles,” the basis of the teachings of the UC (hereafter simply “unification principles”).

While PA was attending this course, around the end of June 1988, PA was summoned by UCY to go to the Oasis Society. PA accordingly did so. Waiting for PA at the Society were UCY and another person by the name of Tokunaga who was both a UC member and a UC devotee. (A UC devotee is a UC member who adopts the principles of the UC, offers up both his or her body and mind to the UC, resigns from his or her normal place of employment, and leaves his or her home to live a communal type lifestyle with other UC members in a certain place which is called AHome.”10)

After PA had arrived at the Society, around 10 a.m. on the same day, UCY and Tokunaga took PA to an apartment on the top floor of the Mansion Espowal Ohashi, located in Minami Ward, Fukuoka City. The floorplan of this apartment consisted of three living and sleeping rooms, a dining room, and a kitchen (i.e., 3DK). Here PA, UCY, and Tokunaga entered a Japanese style four-and-a-half tatami mat (roughly 2.7m by 2.7m) room in which no Buddhist statues or like objects were placed. In this room waiting for PA was a person by the name of Endo, a UC member and UC devotee. When PA entered the room, Endo was sitting with her eyes closed. For a couple minutes, Endo prayed, emitting in a soft voice such words as “Father ... Fill today with goodness (and expectation).” Then Endo turned to PA and demanded PA make a donation by saying (among other things), “Your husband is suffering in Hell. Your husband desires 50,000,000 yen. But your husband says that at the least he wants you to donate 30,000,000 yen.”

PA was taken by surprise at Endo’s demand as she thoroughly had not expected to be requested to make an additional donation. PA refused the demand by saying, AMy daughter is currently studying for university examinations and she will need money to pay her school tuition so I cannot make such a donation.”

At this, PA considered getting up and quickly leaving the room. However, with Tokunaga sitting on her one side and UCY on her other side, PA was not in a situation where she could easily exit the room. Then Tokunaga, without acknowledging PA’s entreaty, further sought PA’s donation by saying (among other things), AI will take the responsibility. There is protection for your livelihood. Your daughter can get a scholarship.” However, despite Tokunaga’s supplications, PA continued to refuse the demands for another donation.

At this point, Endo got up from her seat saying, AI am going to go pray and then come back,” and left the room. After some time, Endo returned to the room, and again urged PA’s donation by repeatedly saying (among other things), “Your husband wishes for 30,000,000 yen. Your husband is suffering in Hell and if you don’t donate 30,000,000 yen another misfortune will occur. The House of PA will fall.” Notwithstanding, PA continued to counter the demand, saying, “If I donate 30,000,000 yen all of my husband’s remaining life insurance money will be gone.” In this manner, both sides continued arguing back and forth.

Then, PA ate the lunch prepared in the same apartment room. After lunch, the back and forth arguing continued. The tone of Endo’s voice began getting increasingly sharper and stronger. In showing PA her (PA’s) family lineage chart which had been previously drawn up at the Oasis Society, Endo said, in an emphatic voice, “The karma of sexual lust is very strong in your ancestral roots. Your husband’s life was deprived because his father’s life was short. Your husband was taken by a karma of wealth and money. If you continue on this way, your daughter’s life also will be taken.” Thus, Endo again urged PA to make the donation. UCY and Tokunaga who were still sitting on both sides of PA, now were holding PA’s hands tightly and saying repetitively, “Don’t give up. Hang in there. Believe,” so as to persuade PA to donate the money as Endo had said.

At this point, PA was falling into emotional despair as she sincerely began to believe that her daughter would die prematurely due to her ancestral karma. PA thought that if this situation were to continue, she would not be able to go home. PA also considered that as long as she continued to decline the donation in that room, she would be bombarded relentlessly with pleas for her to give the money. Feeling herself in a state of mental confusion, PA finally said, AI will do it”--thus consenting to make the 30,000,000-yen donation. In return, UCY and Tokunaga began crying and rejoicing, saying, “Thank you. Thank you,” and other words of gratitude repeatedly to PA. Then UCY and the others proceeded to tell PA that if she told anyone else about her donation that “Satan would close in,” and strictly ordered PA to keep her mouth shut. On that same day between 4:30 p.m. and 5:00 p.m., PA left the above room.

Subsequent to this chain of events, the following has been revealed. In the beginning of the same month (in which PA conceded to the above- said donation), Endo, Doseki and another UC member by the name of Okinaga had planned from the outset to demand the above donation amount which had been determined by Endo, based on a church list recording PA’s donation sum to be 60,000,000 yen. Accordingly, the above-said UC members orchestrated a schedule to teach the Aunification principles” to PA via the aforesaid 10-day intensive training course.

(b) Upon returning home, PA regretted that she had consented to make the donation. She felt that she had been threatened and forced to donate 30,000,000 yen. At this time, PA considered reporting the incident to the police, but due to deep inner fears that something tragic or unfortunate might happen, PA could not file such a report.

On the day after PA had consented to the said donation, PA received a phone call from UCY encouraging PA to go through with the donation. During this phone conversation, PA requested that the 30,000,000-yen payment be postponed. However, UCY ignored PA’s entreaty, saying (among other things), “Hang in there. Don’t give up.” Such circumstances were urging PA to make the above donation. As a result, on 26 June 1988, PA went alone to the Ijiri Branch of the Kyushyu Sogo Bank, withdrew 30,000,000 yen (as UCY instructed), went to the parking lot of a variety merchandise shop called Goody located near PA’s home, and physically handed over the 30,000,000 yen to UCY was waiting there in a parked car.

(c) Several days later PA received a message from UCY that a ceremony to celebrate PA’s 30,000,000-yen donation was to be held at the UC Fukuoka Church in Hakata Ward, Fukuoka City. Accordingly, PA proceeded to this location. Here, the church director verbally expressed gratitude for PA’s above donation. The director then explained to PA that her donation would serve as capital for excavation operations to construct a tunnel extending from Japan to Korea, a plan which had been initiated by the UC. At this point, PA first realized that her donations were being appropriated by the UC.

At the same time, a person in attendance played a piano which was sitting in front of a picture of the UC founding father Sun Myung Moon and his wife. A celebration ceremony was performed with UCX, UCY, and UC members gathered at the church. At this time, PA was given a picture of the UC founding father Sun Myung Moon and his wife.

Article 3: Chain of events following the 30,000,000-yen donation

PA began to question her donation. She considered that her deceased husband certainly would not have demanded she donate the life insurance money he had left behind. Also, when PA heard from UCX a story concerning a person who had sold off all her land in order to procure funds to donate money, PA first began to suspect the stories of the spiritual world as fraudulent. PA regretted having paid the 30,000,000- yen donation. However, because UCY had forbidden PA to speak about her donation to anyone, PA could not seek related counsel or advice from anyone, and thus chose to live and bear the consequences alone.

PA went to the Kasugabara Dojo occasionally. More frequently though, people were going and coming to PA’s domicile to offer prayers and alms to the Maitreya statue PA had purchased. During this time, an Oasis Society member ordered PA to bring her daughter to the Oasis Society. Also, PA was requested by a follower of Tenchi Seikyo to quit her job at a company (where she had begun working in September 1988), and to come to the said Dojo. Both mother and child were then ordered to join the UC. In addition, PA was requested to make further costly donations and cash loans.

In response to all the above, PA deliberated that if she continued attending the above Dojo and so forth, her future would be unstable. Ergo, PA completely stopped going to the above Dojo in January 1989. It was after this decision that PA began to consider a way by which she might have her donation money refunded. Accordingly, PA demanded a certain person by the name of Ishii (the “deacon” of the Kasugabara Dojo), UCX, and UCY to issue her a receipt for the amount of donation monies documented in this lawsuit. Around April of 1989, Ishii personally handed to PA at the PA residence a receipt for 30,000,000 yen written out under the name AUC Fukuoka Church.”

Around August 1989, PA engaged an attorney to help her recover the above-said donated monies et al. The following is a list of recovered damages, each gained vis-a-vis out-of-court settlements:

$ (1991.5.30) In retribution for the cost of a wall painting: Recovered a sum of 220,000 yen from Miyabi Co., Ltd.

$ (1991.1.25) In retribution for donated monies: Recovered a sum of 5,000,000 yen from ReiSeki Aikokai.

$ (1991.1.18) In retribution for the cost of a Maitreya statue and rosary beads, and for the cost of signature seals: Recovered a sum of 5,130,000 yen and 200,000 yen, respectively, from Toa Shoji.

$ In retribution for donated monies: Recovered a sum of 1,870,000 yen from Tenchi Seikyo.

All the above statements are recognized as true and valid.

[Counterargument of the UC concerning the 30,000,000-yen donation]

First, the UC held that the demand for the 30,000,000-yen donation was made on the same day from 10:30 a.m. to 1:00 p.m., during which interval (1) whether or not PA believed in Sun Myung Moon and the UC doctrine was clarified, (2) PA’s faith in and understanding of the “unification principles” was judged to be sufficient by Endo, (3) Endo explained to PA the purpose of the donation monies, (4) PA’s intent to cooperate to this end was confirmed several times, (5) the sum of 30,000,000 yen was presented to PA as determined from the beginning upon consideration of her assets, and (6) PA’s consent to the 30,000,000- yen donation was procured by Endo.

Furthermore, the defendant UC denied that there were any other persons aside from Endo and Tokunaga in the room at the time when Endo requested PA’s donation. The UC also refuted that Endo repeatedly left his seat (and the room), and that UCY and/or Tokunaga held PA’s hands tightly while saying (among other things), “Hang in there. Don’t give up.” Ergo, the UC insisted that PA could have easily left the room at any time. This claim is supported by the testimonies of witnesses UCY and the above Endo, as well as by several exhibits of proof submitted by the UC.

However, in line with the previous decision, even before the 30,000,000-yen donation was requested from PA, she had already been urged by the same UC members to make similar donations. This is represented by the occasions when these UC members sought and procured PA’s 5,000,000-yen disbursement and 7,000,000-yen donation with narratives used to convey wishes of PA’s deceased husband and foreboding of PA’s ancestral karma.

Hence, it is rational to surmise that even on the occasion of the 30,000,000-yen donation, Endo et al. conveyed and said the same things as in the previous example. Certainly, it is quite difficult to fathom that any person would candidly go through with a completely unexpected and urgent request for such an exorbitant donation. It may be deduced that on this same occasion, a combination of comforting and fear-inducing language and acts were readily employed. Evidence of such acts is fully represented in PA’s deposition. In addition, the contents of both plaintiff B’s deposition (concerning acts committed by Gondo who demanded plaintiff B donate a sum of 2,100,000 yen) and PA’s deposition (concerning the 30,000,000-yen donation) thoroughly coincide where monetary donations were demanded by conveyances of pleas of a deceased spouse and practices of divination based on interpretation of ancestral backgrounds.

In her own testimony concerning the acts of solicitation aimed for the procurement of the 30,000,000-yen donation, Endo admitted having shown PA her family lineage chart, and having said (among other things) that the spirits of PA’s ancestors would be freed and that PA would be protected by the world of spirits.

Therefore, based on the above conclusions, Endo did demand monetary donations through conveyances of pleas of a deceased persons and practices of divination based on interpretation of ancestral backgrounds.

Conclusively, in light of the various circumstances in which it is natural to presume that monetary donations were demanded through verbal warnings of pernicious consequences that would result in the event demands for donations were not complied with: (1) It is rational to deem that acts were committed as stated in PA’s deposition, and (2) It is impossible to readily adopt the above exhibits of evidence--posed by the defendant--which contradict the previous statement, and thus, (3) The defendant’s claim is mooted as no further and sufficient supporting evidence exists.

Section B: Acts perpetrated on plaintiff B

(Omitted here are the specified exhibits, testimonies and other evidence by which the court based its decisions on this case regarding plaintiff B.)

Article 1: Chain of events leading up to the 2,100,000-yen donation

On 17 November 1988, UC member and devotee herein referred to as AZ” (hereafter UCZ) visited plaintiff B’s place of work with the intent of door-to-door sales of signature seals while at the same time concealing her (UCZ’s) relationship and/or connections with the UC. UCZ examined the black signature seal plaintiff B (hereafter PB) had been using at the time of this incident. UCZ also listened to PB’s personal stories of how her husband by common-law marriage (not officially registered marriage) had passed away in March of that same year. After hearing these stories and examining the seal, UCZ recommended PB purchase a new signature seal saying (among other things), “Black is tied to hardship and pain.11 You should really replace the one you have and buy a new one. I have a signature seal that will bring you good fortune. Your husband died because you have been keeping that signature seal.”

Having been told these things, PB felt disheartened toward using the signature seal (she had been using up until this point) anymore. Also, during this same time period, PB had been considering replacing the above signature seal with a new bought one. Consequently, PB decided to purchase a set of three signature seals at a sum of 120,000 yen in compliance with the above recommendation of UCZ. Accordingly, PB filled out an order form to the above effect, gave UCZ an on-the-spot cash down payment of 5,000 yen, and on the following day paid UCZ the balance.

Upon the payment of the above-stated balance, UCZ invited PB to see a fortune teller by saying, AI know a >teacher’12 who will read your fortune for you. Why don’t you have her give you a consultation?” Although PB had never had her fortune told prior to these events, PB had previously considered having her fortune told. Thus, motivated by her initial curiosity combined with her growing interest in knowing more about what her husband by common-law marriage did while he was on earth as well as about her own physical health as she was prone to illness, PB chose to go along with UCZ’s above-stated invitation. Accordingly, PB arranged with UCZ to meet the above-mentioned Ateacher” on the date of 24 December of the same year.

Sequentially, on the above same day, with the intent of having her fortune told, PB was escorted by UCZ to the Sunflower (Himawari) Society located on the third floor of the Matsuoka building in Hakata Ward in Fukuoka City. There, PB was introduced by Shigetomi to a woman by the name of Ishu who was also a UC member. Accordingly, Ishu told PB her fortune. Upon doing so, Ishu then invited PB to come to the Sunflower Society for the purpose of study by saying, AThis is the best period of heavenly providence. So, from the beginning of the new year why don’t we study together?” Presuming that the Sunflower Society was a place where she could study the ways of living and life through meeting a diverse group of persons with various complicated and/or tragedy embracing backgrounds like herself, and where she (PB) could talk to other persons about her problems as well as discuss various ideas and issues with others, PB decided to accept Ishu’s offer and paid a lecture course tuition fee of 120,000 yen.

As she had been invited, from 5 January 1989 and onward for about three times every week, PB began attending study groups titled “Educational Training,” which were devised by official members of the Sunflower Society. In accordance, PB began her studies by watching videos on “spiritual cultivation” (or self-improvement) training. Gradually she was shown material related to religion which consisted of the teachings and the ways of the Holy Bible and Sun Myung Moon, the UC’s founding father. Progressively, PB was shown a video explaining the aforesaid “unification principles.” Based on the above educational materials and processes, PB came to realize that the same society was a place where the teachings/precepts of the UC were being taught, and that the supervising body of these activities was the UC.

PB’s understandings were clarified when, during a lecture she was taking at the Sunflower Society, PB was taught that the Messiah of the world had been reborn, and that that Messiah was Sun Myung Moon. While other members of the Sunflower Society celebrated the fact that the Messiah’s existence had been revealed to them, PB’s response to the same revelation was that of incomprehension as to why the existence of the Messiah had been revealed at that very Sunflower Society.

Article 2: The 2,100,000-yen donation and related acts of solicitation

On 27 January 1989 around 6:30 p.m. PB received a message from UCZ telling her to come to the Sunflower Society. Accordingly, PB proceeded to the Society. Upon arrival, PB was escorted by Shigetomi to a private corner room. Here, PB was introduced to Gondo, a UC member called “Soothsayer” or “Master of Fortune Telling.” Gondo then sought to sketch a family lineage chart for PB, saying, AI am going to tell you about yourself (your fortune, etc.). I want you to tell me about your family line and your ancestors.” PB responded by telling her life history to Gondo. Accordingly, Gondo drew up PB’s family lineage chart as well as a second chart of the family lineage of PB’s deceased husband by common-law marriage. Gondo then gave these charts to PB.

Then, while looking over these charts, Gondo explained PB’s karma. Gondo discussed PB’s common-law marriage with her deceased husband (who incidentally had another wife and children by that wife). Gondo also talked about PB’s husband’s premature death in March of 1988. In context, Gondo said to PB, AThe reason why things have turned out this way for you is the karma of your grandmother on your mother’s side of the family. If you don’t atone thoroughly for the karma of your ancestors, you will not go to heaven and no one in your family line will be saved.” Gondo then proceeded to demand a monetary donation from PB by saying, “In order to cleanse these past lots, rid yourself of all your assets. Donate money.”

To this, PB initially responded half believing half doubting. Nonetheless, PB gave serious consideration to her own circumstances. PB considered the fact that she had remained in the common-law marriage with her deceased husband who had a wife and children in a previous marriage. She also contemplated the fact that her husband had died prematurely. In addition, PB weighed how she herself had been passing the days feeling quite desperate and lonely. PB thought that this prolonged state of melancholy was not conducive to her health as she was prone to illness. Hence, concluding that these outcomes had been predestined by the karma of her grandmother, PB fell into a state of despair. PB then said to Gondo, “Let me think about it,” requesting that Gondo delay her decision in order that she have time to think over whether she should or should not donate the money. Gondo retorted by demanding that PB make her decision immediately, saying in an emphatic voice, “If you refuse the will of the heavens, you will not be given a second chance. Once you refuse, no matter how much you wish to donate money in the future, your donation will not be accepted, and (if you choose this course) you will never be saved. Give me your answer right now.”

PB then proceeded to ask Gondo the amount of money required for the donation. Gondo indicated the donation sum by saying, AHeaven is saying 2,100,000 yen.” PB replied that because the donation amount was so costly, she could not raise the money right away. Without taking heed to PB’s situation, Gondo persistently sought PB’s immediate consent by saying, “It’s no good if you cannot make the donation right away.” Consequently, on the same day around 9:00 p.m., PB finally agreed to make the donation, resigning herself on the basis that if the 2,100,000 yen would save her family line, then the donation was qualified.

Having consented, PB then listened to Gondo repeatedly tell her that her money would go to heaven and that the will of heaven would determine the recipient of PB’s donation. Because PB had been taught at the Sunflower Society that Sun Myung Moon was the designated Messiah of heaven, PB considered that her donation would be appropriated by the UC. On the next day, 28 January 1989, PB withdrew 300,000 yen from a trust union which she then took to the Sunflower Society where she handed it to Gondo. Then, on 30 January, PB received a loan from the same union for the balance of 800,000 yen which she likewise gave to Gondo at the Society. Upon doing so, PB was strictly forbidden by Gondo and other members of the Sunflower Society to say anything to anyone concerning her donation.

Subsequent to said events, it was revealed by Shigetomi that the amount of the 2,100,000-yen donation had been previously determined as early as the middle of January.

Article 3: Chain of events following the 2,100,000-yen donation

(a) After PB had made the aforesaid 2,100,000-yen donation, she continued going to the Sunflower Society. During this period, on 24 March 1989, PB received a message from Gondo requesting her to come to the Sunflower Society. Accordingly PB went to the Society. From this point, PB was then taken by a member of the same society to an apartment room in the “parto Fuyo Ekimae Heights building located behind the Hakata train terminal. Here, Gondo and a UC member by the name of Kinoshita whom PB had not previously met were waiting in a room the size of six tatami mats (or roughly 2.7m x 3.3m). In this room, Gondo asked PB, “How much money was put into your husband’s life insurance fund?” Not thinking that she would once again be requested to make an additional cash disbursement, PB answered saying that the amount was about 4,000,000 yen.

Upon PB’s reply, Gondo then demanded that PB loan the 4,000,000 yen by saying, “Your husband died of cancer, an impure illness. So, as long as you possess that money, misfortune will come to you. In order to avoid this, it is necessary that you cleanse the money. Secure your money to heaven, and heaven will cleanse your money.” In conjunction with Gondo’s demand, Kinoshita also urged the loan by saying, AI too have lent my money and every month I receive partial reimbursements. We will even issue you a promissory note.” At this point PB felt that if she were to refuse the above demand, she would be told that “misfortune would visit her,” etc. In light of this, PB estimated that she would eventually be unable to refuse the demand. In addition, PB reasoned that, because this time the life insurance money was not to be donated but safeguarded and cleansed temporarily, and that because she would be issued a promissory note, the loan might be tolerable. As a result, PB unwillingly consented to lending the 4,000,000 yen.

After PB’s consent, Gondo then instructed PB not to withdraw the life insurance money, but rather to mortgage the 4,000,000 yen as the capital for the loan. In context, Gondo also told PB that the her deposit “would be secured in heaven for three years.”

In accordance with Gondo’s instructions, on 28 March 1989, PB mortgaged 4,000,000 yen from the life insurance agency. On the evening of the same day, PB physically handed over this sum to Gondo at the aforesaid Fuyo Ekimae Heights apartment. In exchange for the money PB received a promissory note made out in the name of Kiyoko Kamo, a UC member. On this occasion, Gondo again spoke of how PB’s money would be secured by heaven. PB interpreted this to mean that the UC would be the recipient of her deposit.

(b) Pursuant to the above incident, PB did receive monthly reimbursements for the money she had lent. UCZ and other members of the Sunflower Society became much more intimate with PB. As she was directed, PB attended worship services once a month at the UC’s Fukuoka Parish. PB also continued going to the Sunflower Society about two times a week. Around this time, new members of the Sunflower Society were being requested to solicit donations. However PB did not participate in these recruitment activities as she had misgivings about making other persons pay exorbitant donation fees as she herself had done.

Then, on 25 July 1989 Aritsu, both an “educational training” (Sunflower Society) staff member and the supervisor of PB, approached PB to explain that for the providence of China, or in concrete terms, in order to build a car parking lot in China, the UC needed cash. Accordingly, Aritsu requested a cash loan from PB by saying, AI want you to lend over millions of yen for heaven.” At this, yet another demand for money, PB was dumbfounded. PB refused the loan, saying that she could not raise the money.

However, Aritsu continued to persuade PB, saying, AI have mortgaged my house to lend money.” This, along with her fear of refusal--in that she (PB) would be told her monthly reimbursements on the aforesaid loan of 4,000,000 yen would be terminated in addition to the possible threat of misfortune visiting her in the future--caused PB to finally concede a loan of 1,500,000 yen. Thus, on 27 July 1989, PB borrowed 1,500,000 yen from a trust union and physically handed over the sum to Aritsu at the Sunflower Society. At this time PB thought the recipient of her loaned money to be the UC.

(c) Then, around 10 October 1989, UCZ visited the domicile of PB. On this occasion, UCZ told PB that she (UCZ), as a member of the UC, had been involved in activities to procure funds for the UC vis-a-vis what is referred to as “the business of Spiritual Sales.” UCZ proceeded to tell PB that she (UCZ) had decided to resign from the UC as she had recently become aware that the UC had been “doing terrible things.” UCZ further told PB that from the very beginning the UC had schemed to appropriate PB’s donation of 2,100,000 yen. UCZ then apologized to PB for causing her so much trouble and inconvenience. Finally, UCZ spoke to persuade PB to stop going to the Sunflower Society before PB became too deeply involved.

Upon being told the above story, PB consequently resolved to sever all ties with the UC, and thus, stopped going to the Sunflower Society.

It shall be mentioned here that subsequent to the above incidents, PB was able to recover damages for the purchased signature seal by an out-of-court settlement with Toa Shoji Co., Ltd.. PB was also able to recover the total sum of loaned monies equaling 5,500,000 yen.

All above facts are recognized as true and valid.

Part II: Deliberation on the illegality of the aforesaid acts of solicitation for the procurement of monetary donations carried out by members of the UC

Section A

Generally, with respect to acts in which members of a specific religion solicit monetary donations by the use of narratives describing the spiritual world and/or ancestral karmas, neither of which have been proven to exist:

Where the demands for donations as relevant to said religion or religious organization, etc., are based on socially appropriate objectives, and;

Where methods and results of the above acts (as stated in the previous clause) required for such donations are appropriate in light of social norms;

It may be recognized that the above-said acts exist within the domain of appropriate religious activities of religious organizations, and that said acts are in no way unlawful.

However, contrary to the presumption of the previous statement and relevant to the case in question:

Whereas the said acts of solicitation for the procurement of monetary donations deviate from the above-said domain, and;

Whereas the objectives of these same acts were established on ill intentions such as the acquisition of profits by deceitful procurement of monetary donations, and;

Whereas inappropriate methods--such as inducing prospective donors to feel apprehension, despair and/or insecurity by the use of narratives concerning the spiritual world and ancestral karmas as well as the incitement of warnings of dangers or harm that would result from the same spiritual world and ancestral karmasCwere readily implemented, then;

Clearly, (1) it is difficult to assert that the above-said acts of solicitation for the procurement of monetary donations are socially appropriate, and (2) in relationship to the subject of tortious acts as defined in Japanese Civil Law, the same said acts deserve to be evaluated as unlawful.

Section B

In examining PA’s donation of 30,000,000 yen, according to the previously verified facts (as stated in Part I, Section A, Articles 1 through 3), the following statements are recognized:

Up until the time of PA’s 30,000,000-yen donation, PA had been shown by UCX and Nagayoshi et al. videos concerning the principles of the UC and the spiritual world, and (PA) had also been made to listen to explanations concerning the karma of her ancestors.

Pursuant to these events, PA was made to donate the sums of 5,000,000 yen and 7,000,000 yen. On these occasions, an overall situation had been created in which PA was made to think that there might actually be truth to the narratives concerning karma and the idea that her deceased husband was suffering in the spiritual world. Manipulating this situation, UC members Endo et al. devised educational programs for PA with a view to procure donation money from her. It is certain that UC members et al. had access to information regarding PA’s financial situation from the very beginning of their relationships. Using this information, the same members determined the amount PA would donate based on the amount of money in PA’s deceased husband’s life insurance fund over which PA had control. Accordingly, the same members thought they should make PA donate this same amount of money. This was designed to be accomplished by an intensive 10-day lecture/training course whereby PA was taught the so-called “unification principles,” etc.

Successively then, the same UC members Endo et al. summoned PA to an apartment building room which was a comparatively confined, that is, a small sized room measuring 4.5 tatami mats or roughly 2.7m x 2.7m in area. Here, for a long period of more than six hours, the following events took place. Endo showed PA her family lineage chart. In doing so, Endo emphatically and relentlessly lectured PA about the karma of her (PA’s) ancestors. Endo also informed PA of harm and danger, and about misfortunes that would occur in the event that she (PA) did not comply with the donation. In complement to the above, UCY and Tokunaga sat on either side of PA holding PA’s hands tightly, and in collaboration with Endo’s statements urged PA to comply with the donation. Thus, the situation was such that PA could not retreat from the room, and may be referred to in other words as a situation of house arrest or lenient confinement.

In this same situation, PA began to feel apprehensive. Consequently, PA was forced into consenting to the 30,000,000-yen donation. Furthermore, the above UC members forbade PA to say anything to anyone concerning the above donation. As a result, PA ended up disbursing a large portion of her deceased husband’s life insurance fund, which PA had rightfully procured.

All the above statements have been recognized as true and valid.

Accordingly, it may be surmised that even if the above acts surrounding the procurement of the 30,000,000-yen donation against PA by UC members Endo et al. are recognized as having been carried out in connection with missionary work as Endo et al. maintain, the same above acts clearly cannot be held as entirely socially appropriate with regard to the objectives, methods, and results of these same acts. Furthermore, because the above acts of solicitation for the procurement of monetary donations were those established by a conspiracy of Endo et al., the same said acts are rendered unlawful in accordance with Article 709 of Japanese Civil Law.

Section C

Correlatively, as regards PB’s 2,100,000-yen donation in accordance with the previously verified facts (as stated in Part I, Section B, Articles 1 through 3), the following may be surmised:

Following PB’s attendance of a lecture course taught through the use of videos concerning the teachings of the UC, PB was called to a private room of the Sunflower Society where in addition to PB, UCZ and Gondo were also present. Here, PB was asked by Gondo to speak about her (PB’s) personal history and about her (PB’s) personal problems.

PB was then told by Gondo, who spoke in a very sharp and strong voice, that her (PB’s) personal problems and the death of her (PB’s) husband by common-law marriage were due to the karma of her grandmother on her mother’s side of the family. Also, at this same time, PB was told by Gondo about her (PB’s) deceased husband’s wishes (for PB to donate money) and about (PB’s) ancestral karmaCthe latter term suggesting a vague concept of indeterminate existence. Gondo then demanded that PB donate money in order to atone for the above karma. Shortly thereafter, PB was told by Gondo that (among other things) if she (PB) did not comply with the above demand, she would not be saved.

Hence, as a result of (1) being solicited relentlessly over a long period of time, and thus, (2) being trapped in a situation where she was being forced to comply immediately with the above demand, (3) being driven into a state of despair, (4) being made to suffer reductions in her normal emotional and intellectual stability necessary for her to make competent decisions, PB finally consented to donate the exorbitant sum of 2,100,000 yen.

Similar to the case of PA, the amount of PB’s donation was determined from the very beginning. In addition, other UC members demanded that PB yield further cash disbursements subsequent to PB’s above monetary donation. However, and again, as was similar in PA’s case, PB was strictly forbidden by Gondo et al. to say anything to anyone concerning her donated monies.

All the above statements have been recognized as true and valid.

Therefore, based on the objectives, methods, and results of the acts of solicitation for the procurement of monetary donations of 2,100,000 yen against PB by UC members Gondo et al.,and based on the similarities of the above same acts as have been shown in the cases of both PA and PB, it is impossible to conclude that these same such acts were entirely socially appropriate acts.

Accordingly, the above acts of solicitation for the procurement of monetary donations which were established through a conspiracy of Gondo et al. must be stated as unlawful acts in accordance with Article 709 of Japanese Civil Law.

Part III: Court decision on the liability for unlawful acts committed by the UC

Section A

In accordance with Article 715 of Japanese Civil Law:

First, a religious corporate body which is necessarily construed to be a nonprofit organization. When members of this religious organization cause damages to a third party, the same members are judged to be of employee status. Accordingly, persons of employee status are understood to function as bodies between the religious organization and the members of the religious organization. Hence, when such members of employee status commit damage-causing acts for the purpose of work or business (e.g., religious activities) of the religious organization, it is appropriate to construe that the religious organization carries the burden of employee liability for such damages incurred.

Grounds for this conclusion exist as follows: (1) No logical reasons exist which should exclude Article 715 (Japanese Civil Law) from being applied to religious organizations, and (2) No logical reasons exist to exclude provisions stated in Article 11 of the Religious Corporate Body Law, which stipulates that a religious organization is liable for third party incurred damages which are caused by that religious organization through acts committed by its representative directors and/or other representing parties.

Section B

Thus, in this case, if the previous verified facts (as stated in Part I, Section A, Articles 1 through 3 and Section B, Articles 1 through 3), certain material evidence which has been established without contention, and the testimony of Shigetomi are combined and viewed in unison, the following may be surmised:

$ Concerning PA’s 30,000,000-yen donation:

UCY, Tokunaga, and Endo, who participated in soliciting donation monies of 30,000,000 yen from PA, and UCZ and Gondo, who participated in soliciting donation monies of 2,100,000 yen from PB, were all members of the UC prior to their relationships with PA and PB. However, Tokunaga, Endo, and UCZ, in particular, were parties who, in addition to being UC members, had become devotees to the UC. As devotees, they carried out activities for the UC while having accepted the unification principles, while having pledged their minds and bodies to the UC, while having resigned from their places of work, and, while having separated themselves from their families to live a communal type lifestyle with other members of the UC in a place called “home.”

Further, when UCZ solicited PB’s donation of 2,100,000 yen, UCZ under the belief that the UC teaching that “all things eventually return (or come back)” necessarily meant that “assets seized by Satan should be restored to God’s side.” This use of religious teaching to procure monetary donations may otherwise be understood as Athe business of Spiritual Sales.” The implied definitions to the above-mentioned teaching are clearly represented in the actual practices and results thereof which were employed by the UC. These implied definitions are also evident in acts conducted by Nagayoshi and two other former members of and devotees to the UC (herein referred to as UCS and UCT). These parties had been carrying out such activities as door-to-door sales of signature seals which they (Nagayoshi, UCS, and UCT) understood as being in line with the above-stated teaching.

Finally, PA’s donation of 30,000,000 yen was procured by the UC through UCY’s intervention. Ensuingly, at the UC’s Fukuoka Parish, the church director of this same parish verbally expressed gratitude (for PA’s donation) to PA. At this time, the same church director explained that work or business of the UC would serve as the recipient of PA’s donation. In follow-up to the above, a ceremony of celebration was carried out by members of the UC.

All the above statements have been recognized as true and valid.

$ Concerning PB’s 2,100,000-yen donation:

The parties who participated in procuring PB’s donation of 2,100,000 yen were UCZ and Gondo, both of whom were members of the UC. The place where the above donation was procured was the Sunflower Society where lecture type courses concerning the teachings of the UC and Sun Myung Moon as the founding father of the above same teachings and the messiah of the second coming were conducted.

Further, based on the contents of PB’s recognizance and the contents of Gondo’s statements both of which regard the occasion of the above donation, and which are recorded in the previous verified facts (of Part I, Section B, Article 2), and;

Based on the attitude exhibited by the UC in answering the complaint filed by the plaintiffs, and;

Based on the fact that the UC did not endeavor to submit any contrary evidence concerning the above donation, and:

Based on the fact that no other evidence exists which is sufficient to overturn the above-stated verifications;

It is appropriate to presume that PB’s 2,100,000-yen donation was procured by the UC.

Thus, based on all above-recognized truths:

Whereas, it has been recognized that of the UC members who carried out acts of solicitation for the procurement of monetary donations against the plaintiffs, many of these members had become devotees to the UC, and;

Whereas, it has also been recognized that these same devotees had acted so as to follow the instructions or commands of the UC, and;

Whereas, it has been recognized that existing between the UC and the above devotees was a relationship in which substantial supervisory direction was employed;

It is thus appropriate to determine the above devotees are in the status of UC employees, in accordance with Article 715 of Japanese Civil Law.

Furthermore, in considering the acts of solicitation for the procurement of monetary donations by the above-mentioned UC members:

Whereas, the initial objectives of the above acts of solicitation were for the procurement of monetary donations, defined as acts which fall within the domain of religious activities, and;

Whereas, in accordance with the above-recognized truths, the recipient body of these donations has been determined as the UC, and;

Whereas, the acts of solicitation for the procurement of monetary donations were closely connected to the religious activities of the UC, and;

Whereas, in accordance with the facts demonstrated in the above- recognized truths, it has been recognized that the acts of solicitation for the procurement of monetary donations were originally and at all times acts, and were actual practices based on the principles of the UC, and;

Whereas, a religious ceremony of celebration for PA was conducted at the UC’s Fukuoka Church;

It is thus appropriately recognized that the proviso of Article 715 of Japanese Civil Law, which applies “to the implementation of work or business,” is applicable to the UC and is adequately satisfied, and;

It is necessarily determined, in accordance with Article 715 of Japanese Civil Law, that the UC bears the burden of liability for the UC members ascertained as UC employees who conducted unlawful acts for the procurement of monetary donations. It is therefore not necessary to consider Article 709 of Japanese Civil Law in this case. Thus, the same conclusion--that the UC bears the burden of liability for the same unlawful acts conducted for the procurement of monetary donations--is warranted. Therefore:

The UC must pay liability compensation to the plaintiffs for damages incurred by the plaintiffs through the above unlawful acts of solicitation for the procurement of monetary donations.

Part IV: The question of damages to the plaintiffs

Section A: Economic Damages

According to the previously verified facts (as stated in Part I, Section A, Article 2 and Section B, Article 2), and according to the unlawful acts carried out by the UC members:

It is determined that the sum of damages incurred by PA is 30,000,000 yen. Accordingly, this same sum is to be awarded to PA by the UC. Further, it is determined that the sum of damages incurred by PB is 2,100,000 yen. Accordingly, this same sum is to be awarded to PB by the UC.

Section B: Consolation Fees

According to the previously verified facts (as stated in Part I, Section A, Article 2 and Section B, Article 2): It is appropriately recognized that great psychological damages and/or mental distress eventuated as a result of the aforesaid unlawful acts carried out by the UC members. Therefore, according to all circumstances surrounding this lawsuit as stated in the previously verified facts (of Part I, Section A, Articles 1 through 3 and Section B, Articles 1 through 3):

The consolation fees to cover the psychological damages and/or mental distress both suffered by the plaintiffs and eventuated by the above unlawful acts, are appropriately determined as a sum of 1,000,000 yen to be paid to PA, and, a sum of 200,000 yen to be paid to PB.

Section C: Contingency Fees

In making allowances for the various circumstances involved in the nature of incidents surrounding this lawsuit, the trial proceedings as well as the admitted sums of money, the contingency fees, contingency fees seeking damages brought on by the aforesaid unlawful acts carried out by the UC members, are appropriately determined as a sum of 4,000,000 yen to be paid to PA, and, a sum of 300,000 yen to be paid to PB.

Part V: Conclusion

Based on all heretofore statements and conclusions:

Regarding PA’s claims against the UC as stated in this lawsuit, the sum of 35,000,000 shall be awarded to PA. As provided in Japanese Civil Law, penalties for nonpayment shall be determined as an annual fee of five percent (5%) of the total sum, 35,000,000 yen. These penalties shall begin accumulating from the date of 26 June 1988 (the date on which the unlawful acts against PA were carried out) until date of actual payment.

Regarding PB’s claims against the UC as stated in this lawsuit, the sum of 2,600,000 yen shall be awarded to PB. As provided in Japanese Civil Law, penalties for nonpayment shall be determined as an annual fee of five percent (5%) of the total sum, 2,600,000 yen. These penalties shall begin accumulating from the date of 27 July 1989 (the date on which the unlawful acts against PB were carried out) until date of actual payment.

Any additional claims as being ultimately inappropriate are dismissed. Thus, in application of Articles 89, 92, and 93 of Civil Litigation Law with respect to the burden of court fees, and, in application of Article 196 of the same law with respect to the declaration of provisional execution, and, in compliance with the above-recorded proceedings: This judgment has been passed.