|Court Judgement of 16 April 1997|
Case for redress of civil damages Doc. 1994 (wa) 207
Plaintiff A of Nara city, Japan
Plaintiff B of Higashi Osaka City, Japan
Defendant - Unification Church
(address:1-1-2 Shyotoh, Shibuya-ku, Tokyo, Japan)
- Legal representative: Hideo Oyamada
(1) The Defendant is ordered to pay to Plaintiff A a sum of 2,350,000 yen and
according to civil law respecting late payment penalties, shall be awarded five per cent of this sum per annum dating from 17 May 1994 until the date full payment is made.
(2) The Defendant is ordered to pay to Plaintiff B a sum of 5,850,000 yen and according to civil law respecting late payment penalties, shall be awarded five per cent of this sum per annum dating from 17 May 1994 until the date full payment is made.
(3) Any and all other claims made by the Plaintiffs are dismissed.
(4) All court fees are to be burdened by the Defendant.
(5) This judgement may be executed provisionaly only with respect to the parts of the claims won by the Plaintiffs.
(Parts 1-3 are omitted)
Part 4 Judgement of this court
I The Defendant and the Organization of Believers
a. According to the column titled "Work Posts and Division of Responsibility" in a 1974 edition of the Defendant organization's publication called "Blessing," the Defendant had made 777 couples of its believers who participated in the Unification church mass wedding ceremony, join companiesand groups affiliated with the Defendant.
b. It is admitted that Mr. Eiji Tokuno, a follower of the Defendant, held several posts such as student director of the Unification Church, person responsible for the "Genri Kenkyukai" (Study Group on Fundamentalism), and director of the Suginami church. It is admitted also that there were exchanges in personnel between the Defendant and the Genri Kenkyukai.
c. Mr. Ikuya Tsukuda, Director of the Defendant's Higashi Osaka church belonged to and carried out activities for Asuka Kosan, Ltd. - a company selling signature seals and like items and Yamatoichi, Ltd. - a company selling vases and like items. Mr.Tsukuda also served a representative director of Kasugaya, Ltd. a company selling products such as Ginseng tea. In these ways, Mr.Tsukuda played an important role inn the product sales activities carried out by the followers of the Defendant.
2. Regarding finances
a. The Defendant, in the past, made loans to its affiliate companies and maintained financial relationships with those companies.
b. According to a 1971 edition of the Defendant organisation's publication titled "Seiyaku no Kane" (Bell of promise", the Defendant's financial basis in the Nagano chiku district derived from profits gained from product sales activities in that area and at that time.
c. Followers of the Defendant Horii and Nobuo Okamura have stated that there were three types of donations: 1) Donations offered to the church; 2) Donations to cover expenses necessary to supply facilities and so on for the group of followers; and 3) Donations to support the unification movement.However, donations collected by the Defendant were not distinguished into these categories. The Defendant has admitted this point. In this case, as iswritten below, Plaintiff A directly gave a donation of 2,100,000 yen to the Defendant's Nara church.