Kernrechtsfrage
Whether the cantonal court had to take evidence about what the respondent might recover in SAirGroup's concordat.
Extrahierter Entscheid
No; that future recovery was not legally relevant because the appellant argued, at most, only a solidarity situation, and only amounts already received would reduce the claim.
Extrahierte Begründung
The requested evidence concerned a future and legally irrelevant circumstance. If the debt was owed jointly and severally, the creditor could choose which debtor to pursue and need not deduct amounts merely expected from the other debtor.