Is Tenchim’s gift of a “luxury watch” to her husband a sign of confidence?　The “appeal documents” of the “380 million yen loss” trial are verified.

“ Report on the happy marriage with “Prince Aojiru”……

On March 28, YouTuber Tenchim (32) announced his surprise marriage to Yuta Misaki (37), the former “Prince of Aojiru,” a businessman. She received a super expensive diamond ring from Mr. Misaki that would be enough to build a house in a rural area, but her “return” in return was also flashy.

On the 31st, Tenchim updated her Instagram Stories. On the 31st, Tenchim updated her Instagram Stories, writing, “He always makes me happy, so I’ll make my husband happy too.

The couple is truly a “celebrity couple,” but many fans in the comments section of news sites and on social networking sites are reluctant to give their blessing.

Did Tenchim pay off his debt? When did she get out of debt?

It is not surprising that people are tilting their heads in confusion. She is in the middle of the “night bra scandal” that has been going on for the past six years, and last January she appealed the first trial decision in a court case against YUIKU Co. (which separated from the Barrett Group in March 2008 and took over its business) in January of last year. After the first trial decision, the court documents, which had long been unavailable for inspection because they were “in use by the judge,” finally became available for inspection, and Friday Digital obtained them in March of this year. In the “Statement of Reasons for Appeal,” her fierce counterattack was described. We would like to tell you in detail about the huge amount of money trouble, step by step.

It all started in August 2008. It began in August 2008, when it was revealed that Tenchim had concealed the fact that she had undergone breast augmentation surgery in the past, and had produced and advertised products such as the “Mote Fit” night bra, pretending that she had improved her breasts through her own efforts.

Amid a flood of criticism, Tenchim announced that he would provide refunds out of his own pocket. In the end, the total amount of the refunds amounted to about 330 million yen. In March 2009, while being pressed to deal with the situation, Tenchim filed a lawsuit against YUIKU, demanding payment of approximately 60 million yen in unpaid remuneration and other claims.

However, this was the beginning of a muddy legal battle. In response to this lawsuit, YUIKU countersued Tenchim in September 2010, claiming that Tenchim had concealed the fact that her breasts had been implanted, which made it difficult for her to sell her products after the revelation, and that she had suffered enormous damages.

In December 2012, the Tokyo District Court ruled in favor of YUIKU and ordered Tenchim to pay approximately 380 million yen.

Why was such a huge amount of compensation awarded? Koichiro Matsui, an attorney at ATOM Law Office, explains the court’s decision in three points.

The first is the “finding of maliciousness. As a premise, the fact that Tenchim had exchanged messages with acquaintances on LINE, such as “seriously too much leeway,” “business tits,” etc., was treated as extremely important evidence. The second was that “the company was negligent.

The second is ‘complete denial of negligence on the part of the company. Tenchim claimed that “the company did not do enough research,” but the court ruled that YUIKU was not at fault, saying, “Surgery is a matter of privacy, and the company would not have taken the trouble to ask about it.

The judiciary not only harshly criticized Tenchim for profiting while being aware of the “lie,” but also completely rejected YUIKU’s counterargument blaming a lack of confirmation on the part of YUIKU.

The third point is the ‘approval of the full amount of inventory damage. The third point is the ‘full amount of the inventory damage.’ Since tens of thousands of orders were placed every month, YUIKU’s orders were not excessive, and the court concluded that Tenchim should bear the entire inventory loss of approximately 350 million yen, which was caused by the exposure and made it impossible to sell the products.

In addition to the approximately 350 million yen in inventory losses, the judgment also recognized as damages approximately 30 million yen in disposal costs for unsold merchandise and legal fees incurred by YUIKU’s side. As a result, the first instance court finally ordered YUIKU to pay the huge amount of about 380 million yen, which was truly an “overwhelming defeat” for the company.

The furious counterattack, as described in the independently obtained “Statement of Reasons for Appeal

In January 2013, Tenchim posted on his YouTube channel,

This is an overwhelming defeat. We need to earn 700 million yen in real terms.

He made a naked “report of defeat” on his YouTube channel, saying, “I’m overwhelmingly losing the case. In the past, he had mentioned the possibility of bankruptcy, but he did not just cry himself to sleep. He appealed against the first court’s decision, and the “second act” of his bogged-down legal battle was about to begin.

The reasons for the appeal, which Friday Digital was able to review in detail, reveal a fierce counterattack on the part of YUIKU.

At the appeal hearing, the biggest point of contention for Tenchim is the existence of “false and exaggerated advertisements” by YUIKU. Tenchim’s argument, according to the statement of reasons for the appeal, is as follows

In selling Mote Fit, the Bullet Group (the appellant) advertised and promoted the product as if it had a dramatic breast enhancement (breast augmentation) effect just by wearing it.

It is believed that the majority of the purchasers of Mote Fit were not those who viewed the videos published by Appellant, but were customers who were lured into purchasing the product by the false and exaggerated advertisements conducted by the Barrett Group (Appellant).

The customers are not to blame for the fact that Appellant explained in the published video that there was no breast augmentation, but for the damage caused by the false and exaggerated advertisements that deceived them into believing that Mote Fit had a breast augmentation effect.

In other words,

In other words, the biggest cause of the firestorm and the inability to sell the product was YUIKU’s malicious advertising methods that deceived consumers.

In other words, the biggest cause of the fire and the inability to sell the products was YUIKU’s malicious advertising methods that deceived the consumers. Negligence offsetting” is a legal rule that deducts damages according to the degree of responsibility of the party at fault (in this case, the YUIKU side) in a dispute.

Even if Tenchim’s side is responsible for concealing the breast implants, YUIKU’s side’s illegal advertising was responsible for the spread of the damage, so the amount of damages of 380 million yen should be greatly discounted.

Such is the logic.

Furthermore, the “imbalance” of the burden on both parties is also strongly emphasized. Tenchim has already personally contributed approximately ¥330 million of his own money, including the ¥220 million he deposited with YUIKU as a source of refunds and the amount he directly agreed to refund.

YUIKU, on the other hand, had earned a large amount of profit from the sale of its products until the exposure, and in its statement of reasons for the appeal, YUIKU stated

In the statement of reasons for the appeal, YUIKU pointed out that “YUIKU is expected to still retain a considerable amount of profit even after deducting the loss on inventory.

The statement of reasons for appeal points out that “YUIKU is still expected to retain a considerable amount of profit after deducting inventory losses. The statement of reasons for the appeal concluded, “Under such circumstances, YUIKU’s side is expected to retain a considerable amount of profit.

Under such circumstances, the judgment that the appellant is obligated to compensate the respondent for damages of approximately 385 million yen (a total of more than 715 million yen) is extremely unbalanced and not at all appropriate as a concrete solution to this case.

It is unacceptable that YUIKU, who has gained a huge profit, should bear the penalty of more than 700 million yen in total, while YUIKU alone should not suffer any pain. The court documents reveal her anger.

The “Landing Point” of the bogged-down lawsuit

How much of YUIKU’s (Barrett Group) claim of “exaggerated advertising,” as stated in the statement of reasons for appeal, will be accepted by the court of appeals? Attorney Matsui, who is a former attorney for YUIKU, expressed his opinion as follows.

The “offsetting of negligence” argument, which is strongly advocated in the statement of reasons for the appeal, is likely to be accepted to a considerable degree. The reason is that expressions such as ‘A cup to D cup in three months’ are close to being out of line under the current standards for good representation under the Act against Unjustifiable Premiums and Misleading Representations. It is her fault that Tenchim concealed her breast augmentation, but it was the company’s final decision to amplify it as a “miracle breast enhancement” to increase sales. It is quite possible that the second trial will focus on the joint tort aspect of the case, saying that the damage would not have been so great if it were not for the company’s unfair and inflammatory advertising.

As for the outcome of the muddled legal battle, Matsui predicts, “The High Court will be even more likely to settle the case than the first trial.

The high court tends to recommend settlement more strongly than the first trial. In cases such as this one, where the court ordered compensation of several hundred million yen, which an individual could not pay even if he/she spent his/her whole life, it is easy for the court to decide that settlement is better from the viewpoint of effectiveness. Therefore, a settlement at some reduced amount from the 380 million yen in the first trial would be the expected landing point. However, since Tenchim is also in a position of power of communication, we cannot deny the possibility that he will not accept the settlement easily and dare to show his fighting attitude to the end.

Friday Digital sent a letter of inquiry to both the Barrett Group, which was the main sales and advertising company at the time, and Tenchim’s agency regarding their claims and future prospects at the appeal hearing of the case. However, neither of them responded by the deadline.

Tenchim’s “celebrity life” is glamorous and smooth sailing, with her sudden marriage and the gift of an ultra-luxury watch. However, behind the scenes, a huge lawsuit over an unprecedented penalty of “over 700 million yen in total” is about to reach its climax.