Principal action, l994 (wa) No. 7784 damages claims;
Counterclaim, 1994 (wa) 24828 damages claims
(hearing closed on June 17, 1996)

translated by Takeo Hayakawa*


Plaintiff (Counterclaim Defendant) Counsel for Plaintiff Subordinate Counsel for Plaintiff Defendant Counsel for Defendant NIFTY Defendant Counsel for Defendant Doe2 Defendant (Counterclaim Plaintiff) Counsel for Defendant Doe3

Formal Judgment

1. The defendants shall each pay to plaintiff the sum of one hundred thousand yen plus an interest of 5 per cent from May 27, l997 to the day of payment.

2. Defendant Doe3 shall pay to plaintiff the sum of four hundred thousand yen plus an interest of 5 per cent from May 27, l997 to the day of payment.

3. All the other claims of plaintiff in her principal action are dismissed.

4. All the claims of defendant Doe3 in his counterclaim are dismissed.

5. As to the total costs of litigation, those incurred by plaintiff shall be divided into five parts, and four parts shall be borne by plaintiff and the rest by the defendants; and those incurred by the defendants shall be borne by them respectively.

6. That part, and that part only, of this judgment which is in favor of plaintiff is provisionally executable.

Facts and Reasons

Pt.l Claims


Pt.2 Outlines of Facts

Pt.3 Arguments of the Parties as to the Issues

Pt. 4 Judgment of the Court

Pt. 5 Conclusion

In the last analysis we (i) sustain the plaintiff's claim in her principal action as well founded to the extent that all the defendants are each liable in the amount of 100,000 yen, and defendant Doe3 is liable in the amount of 400,000 yen in addition, to plaintiff with arrearage charge at an annual rate of five per cent prescribed in the Civil Code from May 27, l997, the day following the date of the judgment to the day of payment, (ii) dismiss defendant Doe3's claims in his counterclaim as unfounded, and (iii) apply Arts. 89, 92, 93 proviso of the Code of Civil Procedure to costs of litigation and Art. 196, Para. l of the same Code to the declaration of provisional execution. Accordingly, we decide as declared in the Formal Judgment.

Tokyo District Court, Civil Division 13

Judge, Presiding Judge Hideho SONOBE
Judge Tomonao ONIZASWA
Judge Kazuhiko TANAKA is prevented by certain circumstances from setting his hand and seal hereto.
Judge Hideho SONOBE

*Attorney at law, Professor Emeritus, Kobe University