Kernrechtsfrage
Whether the price charged for the sublet was manifestly disproportionate and constituted usury under Art. 157 CP
Extrahierter Entscheid
The cantonal court wrongly accounted for economic risk as a justifying element; only the furnished nature of the premises could justify a surcharge, leaving a manifestly usurious excess.
Extrahierte Begründung
In leasing matters, economic risk is not a prestation by the landlord and cannot justify the counterperformance. A surcharge for furniture is admissible, but here the remaining surplus remained far above the usual tolerated limits.