[Contracts] Tokyo District Court, Reiwa 5 (Wa) 7068 <Presiding Judge Nakashima>
Updated: 3 days ago
Article information
Content type: Case note
Categories: Other Japanese law
Issues: Contracts / Licensing / Joint and several guarantee
First published on this site: 2026-10-03
Display and classification checked: 2026-10-03
[Contracts] Tokyo District Court, Reiwa 5 (Wa) 7068 <Presiding Judge Nakashima>
Claim for royalties and other payments under a patent license agreement
⇒ Granted (joint and several guarantee by the defendant company's representative in an individual capacity).
Plaintiff: Patentee
Defendant company: Licensee
Defendant B: Representative director of the defendant company (individual)
C (non-party): The defendant company's person in charge of finance. C was the contact with the plaintiff but had been postponing payment.
Defendant B issued a statement: “I, B, pledge to make the maximum possible payment in the event of non-performance of the obligation.”
The plaintiff argued that, because the statement said “I, B,” it meant payment from B's personal assets (= a joint and several guarantee).
⇒ The judgment found that a joint and several guarantee agreement by defendant B individually had been formed.
Operative part
“The defendants (the company and B individually) shall jointly and severally pay JPY 22 million plus delay damages.”
Original article: https://lnkd.in/gDGXWHSg
Original source shown in the LinkedIn preview: https://www.courts.go.jp/assets/hanrei/hanrei-pdf-93851.pdf
Originally posted on LinkedIn: https://www.linkedin.com/feed/update/urn:li:activity:7511582716145041408/
Related articles
Update and correction history
Dated entries are added for corrections, supplements, classification, display, and related-article changes, separately from the first publication date.
2026-10-03: First publication on this site from the LinkedIn original.
Consultation guide by purpose: https://www.takaishihideki.com/en/single-post/consultation-guide-en
Comments