Key legal question
Whether the transfers to the respondent were made under a consumer loan requiring repayment under Art. 312 CO.
Extracted holding
The appellant did not prove that the parties agreed on a repayment obligation, so the transfers could not be qualified as a consumer loan.
Extracted reasoning
A consumer loan requires a restitution obligation as an essential element. The burden of proving the loan agreement, especially the agreed duty to repay, lies with the claimant. The cantonal court's evidentiary assessment was not arbitrary.