On March 20, 2023, Victorinox’s Swiss lawyers, Dr. Daniel Alder and Dr. Florian Baumann at Kellerhals Carrard made a statement “after” the children evacuated in the middle of the academic year.
Dr. Daniel Alder
Victorinox AG's Lawyer at Kellerhals Carrard
Dr. Florian Baumann, H.E.E.
Victorinox AG's Lawyer at Kellerhals Carrard
Ms. Naomi Friedli
Assistant at Kellerhals Carrard
Victorinox AG
“According to our information, the compulsory eviction organized and enforced by the bailiff has already taken place, so that we assume that negotiations on a possible amicable solution are no langer purposeful in the meantime. On one hand, the eviction of the occupied premises had already been assured by your client in a court settlement of July 12, 2017, and on the other hand, Victorinox still offered several times to conclude a standard rental agreement and to darify the situation through mediation in court. Extensive attempts to discuss have thus already taken place for years, unfortunately without results.”
The preschool has completely opposite evidence.
1. Court Settlement of July 12, 2017
Victorinox AG:
"The eviction of the occupied premises had already been assured by your client in a court settlement of July 12, 2017"
Facts:
No. The original rental contract in 2015 and the case settlement on July 12, 2017 were eliminated by Carl Elsener Jr and Michael Tschumperlin in December 2017. They acknowledged the case as a Japanese real estate scam. The preschool became a legal tenant of Victorinox from December 2017 by paying the rent and receiving Victorinox's maintenance service.
In 2015, Victorinox's first rental contract which they explained as "market standard contract" had hidden unethical Japanese real estate terms.
The preschool pointed out the 10 month-rent security deposit being really high and Victorinox convinced their security deposit was "adjustable for rent" when some parents pay the tuition late or under any circumstances. The preschool said that was convenient and paid the 10 month-rent security deposit.
In 2016, the preschool informed Victorinox to adjust 2-month rent from the 10 month-rent security deposit due to some parents requesting a late payment plan. Victorinox’ didn’t respond and the preschool believed it was adjusted as promised. After 2 months, Victorinox suddenly sued the preschool claiming for a large amount of penalty fees forcing them to move out. The preschool didn’t understand why they were being sued and settled as per a "market standard rental contract".
Victorinox’s 2015 “Market Standard Contract” allowed Victorinox to collect over US$1.5 millions penalty fees for 2-month rent of US$20,000 late payment.
In November 2017, a German Director of the preschool contacted Carl Elsener Jr at Victorinox AG in Switzerland directly and informed him about this scam scheme by Victorinox Japan's rental contract.
Carl Elsener Jr said he knew there was a dispute in Japan, but he didn't know about this unethical Japanese real estate contract content. He agreed to move forward with a good partnership by clearing the rent that were put on hold during the case.
Victorinox Japan President and the real estate person in charge left Victorinox Japan.
On December 1, 2017, Michael Tschumperlin became the President of Victorinox Japan.
On December 6, Michael Tschumpelin, Finance Manager at Victorinox AG contacted the preschool informing "Victorinox AG didn’t want a complicated Japanese contract anymore" and instructed "NOT to communicate with Victorinox Japan." He instructed the preschool to pay the rent directly to Victorinox bank account and email him when the rent was paid every month.
In Japan, a tenant receives the legal rights when the rent payment is made. A written document and rental agreement are not required by law. The evidence of paid rent proves the rights of a tenant.
In December 2017, the rent put on hold during the case was paid in full and the preschool started a new lease relationship directly with Victorinox AG.
In December 2017, Carl Elsener Jr sent a handwritten Christmas card confirming the preschool as a tenant business partner to the preschool. This Christmas card was framed at the entrance of preschool since December 2017 to March 2023 and presented as the preschool’s building landlord during every preschool tour for any visitors.
“We hope that in 2018, we can move forward with strengthening our partnership and continue with a smooth cooperation.”
(Signed) Michael, Carl Elsener
The preschool developed a great relationship with Victorinox since December 2017. The preschool offered complimentary early education to the Victorinox Japan employees’ children, visiting the Victorinox Japan HQ for Halloween Trick or Treat, singing Christmas Carol and sending children’s art work, teddy bears and handmade gingerbread cookies with Victorinox’s Christmas limited edition knife of the year directly to Carl Elsener Jr and Michael Tschumperlin.
These items were made by the charity organization Carl Elsener Jr later shut down by “heavy crime” eviction threat on October 2021.
From December 2017, the preschool was the legal tenant operating for 100 children from 8:30 am to 6:00 pm everyday, 12 months a year. Victorinox provided maintenance as a landlord.
It is not possible for a government approved registered preschool to operate without being a legal tenant.
Otherwise, Victorinox won’t be issuing the building security key cards to enter the building for the preschool’s employees periodically which they did. Victorinox won’t be on mandatory maintenance provider to follow government guidelines for the registered preschool periodical inspections.
Tokyo Metropolitan Government requires periodical inspection visits and document submissions including the legal tenant status which was by rent payments. Victorinox provided maintenance as a landlord and their maintenance log confirmed Victorinox as preschool’s “legal landlord”.
Victorinox AG:
"Victorinox still offered several times to conclude a standard rental agreement and to clarify the situation through mediation in court."
Facts:
No. The “Standard Rental Contract (Agreement)” was not standard and the mediation was not to clarify the situation, but simply a scam to unethically collect funds during the pandemic. The lawyers in Japan became desperate to find income and created a case when there was no case due to the unlimited closure of the court and no Pandemic Relief to the individual’s income for 3 years.
Michael Tschumperlin and Carl Elsener Jr’s behavior towards the preschool dramatically changed when the new management of Victorinox Japan, President Yosuke Nishikawa and Finance Manager, Hiroshi Aiura arrived and the world was taken by Covid-19.
See WHAT HAPPENED for evidence.
The business closure included an unlimited period of court closure for the first time and many large law firm lawyers started to create a case to find income when there was no case. Especially the “Big Four” law firms in Japan with few hundreds of lawyers feared to be dismissed during the pandemic and rushed to find ways to collect money. Many lawyers became “conmen” to survive through the 3 years long pandemic without descent benefits in Japan.
Tokyo Government provided only one time US$700 per individual for the entire 3 years of pandemic and there was no Pandemic Relief for salary like the one in the US and Europe. The number of deaths by suicide became higher than the deaths by Covid-19 in Japan.
The preschool received counterfeit legal letters from elite lawyers of the Big Four law firms claiming to make payments as if they owed anything to the lawyer’ client by listing legal terms.
The preschool became full during the pandemic and asked Victorinox Japan Finance Manager, Hiroshi Aiura for additional space to rent in their HQ building. This was how the preschool got targeted for unethical funding and continued throughout the 3 years of the pandemic since it was one of the only operating businesses.
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