Question juridique clé
Whether moratory interest on the loan debts should be calculated at 10% or 5% after default.
Solution extraite
Because the contracts provided for 10% interest before default, that same contractual rate also applies as moratory interest under Art. 104(2) CO.
Motifs extraits
Art. 104(2) CO allows a contractual interest rate above 5% to continue as default interest when the debt already bore such interest before default; the wording is clear and excludes a different interpretation.