Article 35-3-18Restriction on the Amount of Damages Accompanying the Cancellation of a Contract
第三十五条の三の十八（契約の解除等に伴う損害賠償等の額の制限）
In the event that a contract providing the receipt of monies subject to the intermediation of individual credit purchases is cancelled (unless the contract is cancelled pursuant to the provisions of the main clause of Article 35-3-10, paragraph (1); Article 35-3-11, paragraph (1), paragraph (2), or the main clause of paragraph (3); or the main clause of Article 35-3-12, paragraph (1)), even if the contract has provisions stating liquidated damages or the penalty for breach of contract, the individual credit purchase intermediary may not demand that the purchaser or service recipient pay an amount of money that exceeds the amount that corresponds to the total amount payable under the contract plus the amount of delay damages for this based on the applicable statutory interest rate.
個別信用購入あつせん業者は、個別信用購入あつせん関係受領契約が解除された場合（第三十五条の三の十第一項本文、第三十五条の三の十一第一項、第二項若しくは第三項本文又は第三十五条の三の十二第一項本文の規定により解除された場合を除く。）には、損害賠償額の予定又は違約金の定めがあるときにおいても、当該契約に係る支払総額に相当する額にこれに対する法定利率による遅延損害金の額を加算した金額を超える額の金銭の支払を購入者又は役務の提供を受ける者に対して請求することができない。
In the event of an unperformed obligation to pay the amount to be paid that is referred to in Article 35-3-8, item (iii) pursuant to the contract referred to in the preceding paragraph (excluding if that contract is cancelled), even if the contract has provisions stating liquidated damages or the penalty for breach of contract, the individual credit purchase intermediary may not demand that the purchaser or service recipient pay money that exceeds the amount that corresponds to the total amount payable under the contract less the amount to be paid referred to in that item that has already been paid, plus the amount of delay damages for this based on the applicable statutory interest rate.
個別信用購入あつせん業者は、前項の契約について第三十五条の三の八第三号の支払分の支払の義務が履行されない場合（契約が解除された場合を除く。）には、損害賠償額の予定又は違約金の定めがあるときにおいても、当該契約に係る支払総額に相当する額から既に支払われた同号の支払分の額を控除した額にこれに対する法定利率による遅延損害金の額を加算した金額を超える額の金銭の支払を購入者又は役務の提供を受ける者に対して請求することができない。
Read this with the articles around it
individual credit purchase intermediarymachine translation
「個別信用購入あつせん業者」
A person whose business is the intermediation of individual credit purchases (個別信用購入あつせん).
Short name set inArticle 35-3-2, paragraph (1)
total amount payablemachine translation
「支払総額」
In Section 2 of Chapter III, the total a purchaser or service recipient pays: the price of the goods, rights or services when sold or provided through the intermediation of individual credit purchases (個別信用購入あつせん), plus the fee for that intermediation.
Defined inArticle 35-3-2, paragraph (1), item (ii)· applies only in this section
contract providing the receipt of monies subject to the intermediation of individual credit purchasesmachine translation
「個別信用購入あつせん関係受領契約」
A contract under which an individual credit purchase intermediary (個別信用購入あつせん業者) is to receive from the purchaser or service recipient an amount equal to the price of goods or designated rights (指定権利) bought, or services received, through the intermediation of individual credit purchases — the purchaser's credit contract with the intermediary.
Short name set inArticle 35-3-3, paragraph (1)
cancellation
解除
Ending a contract by one party's notice to the other, where the contract or the law gives that party a right to cancel (Civil Code, Article 540, paragraph (1)). The Civil Code lets a party cancel for the other's failure to perform: after a demand to perform within a reasonable time that is not met, unless what is still missing is minor (Article 541), or at once where performance has become wholly impossible, or the other party has clearly refused to perform, among other cases where performance clearly will not come (Article 542, paragraph (1)). On cancellation each party must put the other back in the position before the contract, and damages can still be claimed (Article 545, paragraphs (1) and (4)); a lease, though, ends only from then on (Article 620). Cancellation differs from rescission (取消し), after which the act is treated as void from the start (Article 121).
Written by AI using Civil Code, Arts. 121, 540, 541, 542, 545, 620 as a reference.
damages
損害賠償
Compensation for loss one person has caused another. A debtor who does not perform an obligation as it should be performed, or cannot perform it, must compensate the creditor for the loss that results, unless the failure comes from a cause the debtor is not responsible for, judged by the contract or other source of the obligation and by accepted views in dealings (Civil Code, Article 415, paragraph (1)); and a person who, intentionally or negligently, infringes another's rights or legally protected interests must compensate for the loss that results (Article 709). It is paid in money unless otherwise agreed (Articles 417 and 722, paragraph (1)), and the parties to a contract may agree in advance the amount due if it is not performed; a sum fixed for breach (違約金) is presumed to be such an agreement (Article 420, paragraphs (1) and (3)). The Consumer Contract Act makes void the part of such an amount in a consumer contract, for its cancellation, with any penalty added, above the average loss the business would suffer from the cancellation of consumer contracts of that kind, measured separately for each category the clause sets, such as the reason for and time of cancellation (Consumer Contract Act, Article 9, paragraph (1), item (i)).
Written by AI using Civil Code, Arts. 415, 417, 420, 709, 722 and Consumer Contract Act, Art. 9 as a reference.