Kernrechtsfrage
Whether the cantonal court committed a manifest factual oversight in finding that CHF 48,125 had already been paid as interest on the CHF 65,838 amount.
Extrahierter Entscheid
Yes. The record showed that CHF 48,125 related only to interest on the separately paid CHF 150,000 principal, not to the CHF 65,838 awarded below.
Extrahierte Begründung
The court compared the challenged finding with the memorial and the hearing record, both of which clearly stated that the CHF 48,125 were interest on the CHF 150,000 paid in 1997. The cantonal court therefore misread the documents in the file.