1. Parties Plaintiff: Consumer Affairs Agency of Japan Defendant: Yamanashi Prefecture

2 Date and time: Tuesday, April 15, 2020, 2:00 p.m.

3. Oral Argument (Web Conference System)

4. Attendees Plaintiff: Attorney Kazuko Nakano, Attorney Toshishi Osuga, Attorney Hiroki Katsuyama, Attorney Mizuki Yamamoto, Mr. Nobuhiko Itaya (Consumer Organization Japan)

Defendant: Attorney Adachi Itaru and prefectural government officials (designated representatives)

Spectators: None

Judges: Judge ●, Judge Jun Baba, Judge ●

5. Documents to be submitted

(1) Written statement, etc.

Plaintiff: Plaintiff 3rd preliminary document

Defendant: None

(2) Evidence

Plaintiff: None

Defendant: None

6. Progress

(1) The plaintiff's third preparatory brief was presented, and the defendant was to prepare a rebuttal to the allegations made in the brief and a response to the requests for clarification by the next hearing.

(2) The court asked the defendant to clarify the specific date when the career development program contract will be created (according to the court, this was for the purpose of ensuring accuracy), and the defendant stated that he would respond by the end of April.

(3) The court asked the defendant whether, assuming that the written pledge made at the time of application to medical school is legally binding, the contract based on the written pledge constitutes a consumer contract, i.e., whether it is correct to interpret that applicants are consumers. The defendant stated that it will clarify its view by the next hearing.

(4) The court asked the plaintiff what it thought about the validity of the pledge given at the time of applying to medical school in cases where a licensed physician is considered a business operator at the time the career development program contract is created, and decided that the plaintiff should present its case by the next hearing.

7. Preparation for the next session

(1) Plaintiff

A. Documents to be submitted

① Preparatory documents (Deadline May 30th)

B. Other matters

① None

(2) Defendant

A. Documents to be submitted

① Preparatory documents (Deadline May 30th)

B. Other matters

② Answer the question regarding the timing of creating the career development program contract

8. Next and future dates

August 5, 2025 (Tuesday) 11:00am Oral Argument (Web Conferencing System)

1. Parties Plaintiff: Consumer Affairs Agency of Japan Defendant: Yamanashi Prefecture

2 Date and time: Tuesday, February 4, 2020, 11:00 a.m.

3. Method: Online oral argument (held at Hikari General Law Office)

4. Attendees Plaintiff: Attorney Kazuko Nakano, Attorney Shunji Osuga, Attorney Hiroki Katsuyama, Attorney Mizuki Yamamoto, Mr. Nobuhiko Itaya (Consumer Organization Japan)

Defendant: Attorney Adachi Itaru and three prefectural government officials (designated representatives)

Judges: Judge Kazunori Nitta, Judge Jun Baba, and Judge Takuya Okabe

5. Documents to be submitted

(1) Written statement, etc.

Defendant: Defendant No. 5 Preparatory Document

(2) Evidence

Defendant: Otsu 8-10

6. Progress

The court confirmed the following:

Court) In response to the plaintiff's request for clarification, Exhibit 10 (written pledge for scholarship application) was submitted, but I would like to confirm whether this was in response to the plaintiff's request for clarification.

Attorney Katsuyama) The defendant's written submission was close to the trial date, so the review has not been completed.

Court) Please prepare the defendant's response to the plaintiff's request for clarification and the defense to the defendant's fifth preparatory brief by the next hearing.

Attorney Nakano: The defendant has previously stated in court that by the end of this fiscal year (March 31, 2025), they will consider deleting the clause in the career development program contract that states that "marriage, nursing care, child-rearing, etc. will not be considered as unavoidable reasons for approving the program extension." What is the status of this deletion?

Attorney Adachi) Under consideration

7. Preparation for the next session

(1) Plaintiff

A. Documents to be submitted

① Rebuttal to Defendant No. 5's Preparatory Brief (Deadline: April 8th)

B. Other matters

② None

(2) Defendant

A. Documents to be submitted

① None

B. Other matters

③ None

8. Next and future dates

・Tuesday, February 18, 2025, 14:00 Lawyers' meeting for the next hearing (WEB)

Monday, March 24, 2025, 1:30 p.m. Lawyers' meeting for the next hearing (WEB)

・Oral argument on Tuesday, April 15, 2020, 2:00 p.m.

(The plaintiffs' attorneys are scheduled to appear online at the Hikari Sogo Law Office.)

1. Parties Plaintiff: Consumer Affairs Agency of Japan Defendant: Yamanashi Prefecture

2 Date and time: Tuesday, November 19, 2020, 11:00

3. Oral Argument Date (Courtroom No. 211)

4. Attendees Plaintiff: Attorney Kazuko Nakano, Attorney Shunji Osuga, Attorney Hiroki Katsuyama, Attorney Mizuki Yamamoto, Mr. Nobuhiko Itaya (Consumer Organization Japan)

Defendant: Attorney Itaru Adachi and four prefectural government employees (designated representatives)

Spectators: Unidentified

Judges: Judge Kazunori Nitta, Judge Jun Baba, and Judge Takuya Okabe

5. Documents to be submitted

(1) Written statement, etc.

Plaintiff: Plaintiff second preliminary document

Defendant: Defendant No. 4 Preparatory Document

(2) Evidence

Plaintiff: Ko 16-17

Defendant: Otsu 6-7

6. Progress

(1) The court confirmed the following:

① Does the "expression of intention" in the second line of the last paragraph on page 4 of Plaintiff's second preparatory brief refer to the Pledge or the Agreement?

→ Plaintiff's attorneys are both.

② In the last paragraph of page 3 of the Defendant's Fourth Preparatory Brief, it is stated that the Plaintiff does not allege that the Pledge in question violates Article 10 of the Consumer Contract Law, but this does not appear to be the case when looking at the complaint. The Plaintiff is alleging that the Pledge in question violates Article 10 of the Consumer Contract Law, and the Defendant should make his allegations on this premise.

→ Defendant's attorney: Understood.

③ I would like to confirm the progress regarding the additional lawsuit.

→ Plaintiff's attorney We had planned to file the lawsuit today, but the defendant responded that they would revise the documents around the end of the fiscal year, so we will refrain from filing the lawsuit at this time.

④ Respond to the request for clarification on page 8 of Plaintiff's second preparatory brief.

→ Defendant's attorney: Understood.

(2) The court requested the defendant to respond to the plaintiff's second preparatory brief and to respond to the litigation direction at today's hearing by the next hearing.

7. Preparation for the next session

(1) Plaintiff

A. Documents to be submitted

① None

B. Other matters

① None

(2) Defendant

A. Documents to be submitted

① Responses to written rebuttals and requests for clarification (Deadline December 23rd)

B. Other matters

② None

8. Next and future dates

・Oral argument on Thursday, February 4, 2020, 11:00 a.m.

(The plaintiffs' attorneys are scheduled to appear online at the Hikari Law Office.)

1. Parties Plaintiff: Consumer Affairs Agency of Japan Defendant: Yamanashi Prefecture

2 Date and time: Monday, September 9, 2020, 2:00 p.m.

3. Method Preparation Date (WEB)

4. Attendees Plaintiff: Attorney Kazuko Nakano, Attorney Toshishi Osuga, Attorney Hiroki Katsuyama, Attorney Mizuki Yamamoto, Mr. Nobuhiko Itaya (Consumer Organization Japan)

Defendant: Attorney Itaru Adachi and four prefectural government employees (designated representatives)

Spectators: None

Judges: Judge Kazunori Nitta and Judge Takuya Okabe

5. Documents to be submitted

(1) Written statement, etc.

Plaintiff: None

Defendant: Defendant No. 3 Preparatory Document

(2) Evidence

Plaintiff: None

Defendant: None

6. Progress

(1) Defendant's third preparatory brief has been presented, and Plaintiff is to prepare a rebuttal to the allegations made in the brief by the next hearing.

(2) The court pointed out to the defendant that it did not appear that the defendant had refuted the claim that the provisions of the pledge constituted Article 10 of the Consumer Contract Act. The court then decided that the defendant should consider supplementing its argument.

(3) Plaintiff asked the Defendant again whether it would delete the clause in the career development program contract stating that "marriage, elderly care, child-rearing, etc. will not be considered as unavoidable reasons for granting an extension to the program," for which the Defendant sought clarification. However, the Defendant merely repeated its previous response that it was currently considering the matter.

(4) Because the case is attracting public attention, the plaintiff requested that the proceedings be held as an oral argument hearing, and the court accepted this request, and the next hearing was designated as an oral argument hearing. (The plaintiff's counsel is scheduled to appear at the Kofu District Court at the next hearing, but since the enforcement of the revised Civil Procedure Act has made it possible to use online conference systems for oral argument hearings, it is possible that the counsel will appear via an online conference system in the future.)

7. Preparation for the next session

(1) Plaintiff

A. Documents to be submitted

① Preparatory documents (Deadline October 31st)

B. Other matters

① None

(2) Defendant

A. Documents to be submitted

① None

B. Other matters

② None

8. Next and future dates

・Oral argument on Tuesday, November 19, 2020, 11:00 a.m.

(Kofu District Court, Courtroom 211. Plaintiffs' attorneys are scheduled to appear.)

1. Parties Plaintiff: Consumer Affairs Agency of Japan Defendant: Yamanashi Prefecture

2 Date and Time Thursday, July 11, 2020 16:00

3. Method Preparation Date (WEB)

4. Attendees Plaintiff: Attorneys Toshishi Osuga, Hiroki Katsuyama, Mizuki Yamamoto, and Nobuhiko Itaya (Consumer Organization of Japan)

Defendant: Attorney Itaru Adachi and four prefectural government employees (designated representatives)

Spectators: None

Judge: Judge Takuya Okabe (The presiding judge is absent today only due to personal reasons)

5. Documents to be submitted

(1) Written statement, etc.

Plaintiff: Plaintiff first preliminary document

Defendant: None

(2) Evidence

Plaintiff: None

Defendant: None

6. Progress

(1) Attorney Adachi: Is the allegation on page 11 of the Plaintiff's First Preparatory Brief, entitled "Being able to receive scholarship and interest payments that were supposed to be waived" an allegation that the Defendant has suffered no damages in the first place, or that even if the Defendant has suffered damages, there is no damage in conclusion, using the concept of offsetting losses?

(2) Attorney Katsuyama) The defendant would like to refute the premise that there is no damage to the defendant in the first place, that is, the allegation is in the spirit of ①.

(3) Attorney Katsuyama: Because this is a lawsuit that has attracted public attention, there is a possibility that a petition for a hearing date will be filed. When filing the petition for a hearing date, we would like the court to consider this.

(4) Judge Okada: I understand.

7. Preparation for the next session

(1) Plaintiff

A. Documents to be submitted

① None

B. Other matters

① None

(2) Defendant

A. Documents to be submitted

① Defendant's Second Preparatory Brief (Deadline: August 30th)

B. Other matters

② None

8. Next and future dates

Monday, September 9, 2024, 14:00 Preparation date

(Website. Plaintiffs' attorneys are scheduled to appear at Hikari Law Office.)

1. Parties Plaintiff: Consumer Affairs Agency of Japan Defendant: Yamanashi Prefecture

2 Date and time: Tuesday, May 28, 2020, 10:00 a.m.

3. Method Preparation Date (WEB)

4. Attendees Plaintiff: Attorney Kazuko Nakano, Attorney Shunji Osuga, Attorney Hiroki Katsuyama, Attorney Mizuki Yamamoto, Mr. Nobuhiko Itaya (Consumer Organization Japan)

Defendant: Attorney Adachi Itaru and three prefectural government officials (designated representatives)

Spectators: None

Judges: Presiding Judge Kazunori Nitta, Judge Jun Baba, and Judge Takuya Okabe

5. Documents to be submitted

(1) Written statement, etc.

Plaintiff: None

Defendant: Defendant 2nd Preparatory Document

(2) Evidence

Plaintiff: None

Defendant: None

6. Progress

(1) The court confirmed whether the plaintiff had any points to make in response to the request for clarification. The plaintiff stated that it plans to submit a written response, but would like to confirm the following points:

① It is said that the pledge form in question, which is obtained "at the time of taking the entrance exam," is not legally binding, but is a similar pledge also obtained "at the time of enrollment" (because the Ministry of Health, Labour and Welfare's guidelines state that students must agree to the contract in question)?

② Regarding subsidies, we will request additional clarification, including on past cases.

(2) When the plaintiff requested the defendant to revoke the Declaration if it is not legally binding or to clearly state so, the defendant refused, claiming that it was not relevant to the subject matter of the litigation (it may be a good idea to consider making a statement on the COJ website that the Declaration is not legally binding).

(3) In the letter of petition dated February 21, 2023, the plaintiff stated that the defendant would respond to “Item 2 of the petition” (a clause stating that marriage, elderly care, and child-rearing will not be considered as unavoidable reasons) “within this fiscal year.” However, when the plaintiff confirmed whether the defendant could provide any specific details about the status of the consideration and the specific timing, the defendant did not respond beyond saying that “it is as stated in the response to the request for clarification.”

7. Preparation for the next session

(1) Plaintiff

A. Documents to be submitted

① Written rebuttal (Deadline June 28th)

B. Other matters

① None

(2) Defendant

A. Documents to be submitted

① None

B. Other matters

② None

8. Next and future dates

Thursday, July 11, 2024, 16:00 Preparation date for oral argument

1. Parties Plaintiff: Consumer Affairs Agency of Japan Defendant: Yamanashi Prefecture

2 Date and time: Tuesday, April 9, 2020, 1:30 p.m.

3. Oral Argument Date (Kofu District Court, Courtroom 211)

4. Attendees Plaintiff: Attorney Kazuko Nakano, Attorney Toshishi Osuga, Attorney Hiroki Katsuyama, Attorney Mizuki Yamamoto

Defendants: Attorney Itaru Adachi and two prefectural government employees

Spectators: Mr. Nobuhiko Itaya (Consumer Affairs Organization of Japan), representatives from various media organizations (NHK, Yomiuri Shimbun, Yamanashi Nichinichi Shimbun)

Judges: Presiding Judge Kazunori Nitta, Judge Jun Baba, and Judge Takuya Okabe

5. Documents to be submitted

(1) Written statement, etc.

Plaintiff: Petition for clarification

Defendant: Defendant's first preparatory brief, evidence explanation (Otsu 1 to Otsu 5)

(2) Evidence

Plaintiff: None

Defendant: Otsu 1 to 5

6. Progress

(1) The composition of the court has changed and the arguments have been updated (although the presiding justice remains the same, and Judge Tomohiro Yagi has been replaced by Judge Jun Baba).

(2) The court ordered the defendant to respond to the plaintiff's request for clarification.

(3) The court instructed the plaintiff to refute the defendant's first preparatory brief only after receiving a response to the defendant's request for clarification.

(4) Regarding the method for holding the next hearing, it was decided that it would be held as a prepared hearing (web conference).

(5) Other

There were also three prefectural officials (female) in the gallery. The informant, Ms. Shirai, was also there. She explained the contents to the three reporters outside the building.

7. Preparation for the next session

(1) Plaintiff

A. Documents to be submitted

① None

B. Other matters

① None

(2) Defendant

A. Documents to be submitted

① Response to request for clarification (Deadline May 10th)

B. Other matters

② None

8. Next and future dates

・May 28, 2024 (Tuesday) 10:00 a.m. Preparation date for oral argument

(Website. Plaintiffs' attorneys are scheduled to appear at Hikari Law Office.)

1. Parties Plaintiff: Consumer Affairs Agency of Japan Defendant: Yamanashi Prefecture

2 Date and time: Tuesday, January 30, 2020, 1:30 p.m.

3. Oral Argument Date (Kofu District Court, Courtroom 211)

4. Attendees Plaintiff: Representative Director Yukitaka Sasaki, Attorney Kazuko Nakano, Attorney Shunji Osuga, Attorney Mizuki Yamamoto

Defendant: failure to appear

Spectators: Nobuhiko Itaya (Consumer Affairs Organization of Japan), media representatives (NHK, Yamanashi Television, Yamanashi Broadcasting System, Kyodo News, Jiji Press, Yomiuri Shimbun, Yamanashi Nichinichi Shimbun), Yamanashi Prefecture officials

5. Progress

(1) We presented the complaint and the petition for amendment of the complaint. The defendant Yamanashi Prefecture was absent from the hearing, but the defendant (Attorney Adachi Kaku) presented a written answer requesting dismissal of the claim, which was deemed to have been presented. We submitted documentary evidence (Exhibits A-1 to A-15), and all of these were examined.

In addition, we (Attorney Kazuko Nakano) presented our opinions regarding the hearing of this case in line with the written opinion statement.

(2) The defendant Yamanashi Prefecture has submitted a simple answer, which simply denies all of our claims, and will later decide whether or not it will admit or deny the claims. According to the court, the defendant Yamanashi Prefecture will submit a preparatory document detailing the above admissions and denials by March 22, prior to the next hearing date listed below.

(3) The next hearing date has again been designated as a hearing date for oral argument, as detailed below. This is because we have not met the defendant, Yamanashi Prefecture, at the court hearings, and because this is a case that has attracted public attention and we expect members of the press and others to be in attendance, and we have expressed our opinion that it would be desirable for the next hearing date to be designated as an oral argument date.

(4) Before the hearing began, filming for television broadcasting (pre-trial shooting) was conducted in the courtroom, and after the hearing ended, various media organizations interviewed the defendants in front of the court building. It seems that this lawsuit has attracted a certain amount of attention in Yamanashi Prefecture.

6 Next time

Oral argument date: Tuesday, April 9, 2024, 1:30 p.m. (Kofu District Court, Courtroom 211)