Kernrechtsfrage
Whether the recipient was unjustly enriched when the bank paid out money on a forged loan contract
Extrahierter Entscheid
Yes. The payment came directly from the bank's assets under an error about the debt, so the recipient was enriched without legal basis vis-à-vis the bank.
Extrahierte Begründung
The case was not one of payment from funds already delictually obtained by the fraudster; rather, the bank itself made the payment in reliance on a fictitious contract. Therefore the recipient could invoke no legal ground against the bank, only against his own supposed debtor.