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This Banking Transaction Agreement was executed by Ms. Nishihara.


April 5, 2023

MU Frontier Servicer
(MU Frontier Collection Agency)
Osaka Corporate Business Department
Mr. Yukio Suzuki, Deputy General Manager
Mr. Yamazaki, Mr. Okumura
Osaka Business Loan Department
Business Second Section
Mr. Omae

APS Co., Ltd.　　　　　
Director Yoko Nakai
Tel 06-6261-8241 　
Fax 06-6261-8245　

Letter

I have not yet received a response to my letter of offer sent on February 7 and to my two letters sent on March 13 and March 23.
I would like to continue my inquiry and would appreciate it if you cooperate.

  1. Regarding the letter of APS opinion
    (1) On June 8, 2022, Mr. Sueyoshi of MU Frontier Collection Agency sent back the letter of APS opinion (duplicate) to the Amagasaki Branch of the Kobe District Court, together with an invitation to send documents (F).
    I had imagined until now that I had sent this letter of APS opinion to Mr. Sueyoshi.　
    However, upon closer examination, I realized that there is no record of my having sent this letter of APS opinion to Mr. Sueyoshi. In addition, I noticed that the returned letter of APS opinion was on a different paper quality from the one we submitted to the court.
    Therefore, I would like to know the date I mailed this letter of APS opinion to Mr. Sueyoshi.
    Also, if it is the original copy of the letter of APS opinion, it should have the court’s seal of acceptance. Therefore, I thought that the duplicate copy of the letter of APS opinion that was returned to us was sent directly to the attorney representing the plaintiff (Ms. Ogino), and that the attorney made a copy and mailed it to Mr. Sueyoshi. If I misunderstood the matter, please forgive me.
    (2) On August 19, 2021, we received a notice of subrogation and setoff (G).
    This letter stated, "In addition, based on the Banking Transaction Agreement dated July 7, 2008, between APS Co., Ltd. and The Bank of Mitsubishi UFJ”. As stated in this letter of APS opinion, this Banking Transaction Agreement was executed by Ms. Nishihara, without the knowledge of our president, with Mr. Naoshi Nishikawa, manager of the Bank of Mitsubishi Tokyo UFJ, Kawaramachi Branch, by abusing the rubber stamp with the company address, company name, and representative director's name and the representative director's real seal and handwriting the date and the name of the former building.
    Why did Ms. Nishihara stop the 60 million yen loan in the middle of repayment and refinance it to 80 million yen? If Ms. Nishihara had not refinanced the 60 million yen loan to 80 million yen, our company would not have a balance of 4,742,000 yen to repay and would have been able to pay off all the 60 million yen, 30 million yen and 50 million yen.
    Our representative family (three persons) have been investing our personal estate to make up for the loan repayment determined by Ms. Nishihara.
    Thus, the remaining repayment amount finally came to 4,742,000 yen.
    As stated in this letter of APS opinion, I think afresh that Ms. Nishihara is responsible for paying this remaining balance of 4,742,000 yen to Mitsubishi UFJ Bank.
    In other words, since Ms. Nishihara personally used the name of our company and the name of our representative director to borrow money, Ms. Nishihara should discuss with Mitsubishi UFJ Bank and pay 4,742,000 yen, the balance of the 80 million yen loan, to Mitsubishi UFJ Bank on her own responsibility.
    Our president did not take out the loan of his own volition, but rather, Ms. Nishihara took it out and made him a joint-surety.
    Even so, the representative family has continued to make sacrifices to repay this large loan.
    We hope that Ms. Nishihara should deeply learn the sacrificial spirit of my representative family.
    For this reason, we would like to delete (4) of Claims for Truth in my letter of March 13, 2023.
  2. Regarding the Euro Savings Account Passbook with branch number 003 and account number 1166005, which was created by the Bank of Mitsubishi Tokyo UFJ, Kawaramachi Branch after Ms. Nishihara made procedures without the knowledge of our president.
    (1) Our Euro contract date was July 16, 2008, and it was a 5-year contract from August 14, 2008, to July 16, 2013.
    The first exercise date is August 14, 2008. The monthly amount of 7,820,000 yen should have been debited from the Yen Savings Passbook with branch number 003 and account number 1162277 and should have been transferred to the Euro Savings Passbook with branch number 003 and account number 1166005, for 50,000 euro.
    However, this Euro Passbook (H), dated July 4, 2008, shows a deposit of 50,000 Euro on August 18, 2008, under the number 58-3594544.
    This was followed by three more deposits on September 18, 2008 and October 20, 2008, and a carry-over on November 12, 2008.
    Thus, only one page of this passbook is filled in, and the rest is blank (H).
    The Euro contract is that 7,820,000 yen is debited monthly from Yen Savings Account No. 1162277 and 50,000 Euro is transferred to Euro Savings Account No. 1166005.
    Was the amount of 150,000 euros for the three payments made on August 18, September 18 and October 20, 2008 transferred from which bankbook of our company?
    Please tell us.
    (2) Regarding the list of foreign currency deposit transactions I(1) and I(2) in (1)
    On September 15, 2008, Lehman Brothers collapsed, and the euro contract required us to continue to buy 50,000 euro every month even if the value of the euro declined.
    At the same time of this Lehman Shock, due to the violation of the Pharmaceutical Affairs Law by BEGO and the certification body JET, our company was deprived of the privilege of being the sole agent of BEGO in Japan until then, and we began to compete with i-Cast.
    Under these circumstances, my son (Toshiharu Nakai) and I, with the feeling of helping our company, decided to start receiving our salaries in euro in the middle of this Euro contract. We also dedicated almost all the money we had to our company.
    I have a question regarding the transaction details on August 23, 2013 in this list of foreign currency deposit transactions I(1) and I(2).
    In the first step, I received €2,414.48 and my son received €2,032.88 at that day's rate as a destination remittance, and in the second step, I and my son's euro of the first step were returned to the Euro Savings Passbook with branch number 003 and account number 1166005 as a payment correction transfer.
    In the third step, the same amount of euro as in the first step was transferred to my son and me again as a destination remittance.
    On August 23, Ms. Nishihara used net banking to transfer and return the same amount of money through the three steps, and finally, she transferred the same amount of money to my son and me. Why did Ms. Nishihara do this?
    My son's and my personal Euro Savings Passbooks do not show any correction according to the above three steps.
    What does this discrepancy mean?

That is all.