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C. The unlawful nature of acts of soliciting
donations committed against PB It is admitted that the acts of soliciting donations committed against PB asdescribed in the above, were based on an unlawful system for solicitation by the Defendant as admitted in section III above. In the concrete examination, the Defendant denied that it was the Unification church and on that basis solicited donations. The Defendant first gained knowledge of a prospective donator's financial assets, and based on this, determined the amount of the donation to be acquired and the schedule leading up to when that donation actually would be made. By doing such things as showing a prospective donatorhis or her family tree, the Defendant would tell that donator concrete stories about his or her destiny. The Defendant prohibited prospective donators to speak about their study course. These and other facts have been admitted. Accordingly, acts of soliciting donations committed against PB were unlawful@in nature. Further, until PB learned that the Defendant was the Unification Church, shewas solicited into a fraudulent religion by being told stories of her destiny and other acts committed by the Defendant. Even the fact that PB paid and losther money for the amount of the tuition for the said study course has a cause and effect relationship to the said unlawful acts of soliciting donations committed in this case. These damages are admitted. D. Damages incurred by PB As stated in the above, by the unlawful acts of soliciting donations committed by the defendant, it is admitted that PB be awarded the following damages. 1. Course tuition: 100,000 yen 2. Donation Amount: 5,200,000 yen 3. Attorney Fees: 550,000 yen Based on considerations concerning such elements as the contents of this case, the course of the trial, and the admitted costs, it is appropriate to include the attorney fees listed above which should be burdened by the Defendant. 4. In conclusion, PB's claims are reasonable. Accordingly, PA shall be awarded the total sum of 5,850,000 yen and according to civil law respecting late payment penalties, shall be awarded five per cent of thissum per annum dating from 17 May 1994, until the date full payment is made. Part Five : Conclusion In conclusion, it is admitted that the claims of the Plaintiffs are reasonable to the extent that PA be warded 2,350,000 yen and PB be awarded 5,800,000 yen - and 5% stuff. All other claims by the Plaintiffs have failed and are dismissed. Court costs may be reference in articles 89 and 92 of the Civil Court Code. Declarations of provisional execution are found in article 196 of that same law. These laws have been applied. Based on all heretofore stated, this judgement is passed. Nara District Court (Names of three the judges are omitted) |
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