Kernrechtsfrage
What proof is required when a debtor invokes set-off to show extinction of the enforced claim in definitive opposition proceedings?
Extrahierter Entscheid
The debtor must first prove the existence of a counterclaim by completely unequivocal documents; the document must be sufficient for provisional debt enforcement and show the concrete amount of the claim.
Extrahierte Begründung
Under Art. 81(1) SchKG, extinction of the enforced debt must be proved by documentary evidence. When extinction is alleged by set-off, the debtor must initially establish the counterclaim with clear documents. The required document must at least be one that could justify provisional debt enforcement, and it must reveal the exact amount of the claim.