Facts
[A.] (appellant) and [B.] (respondent) were married since xxxx and had been living separately since the husband's assault on his wife on 23 March 2005. In the divorce proceedings, [A.] was ordered to pay his wife monthly maintenance contributions of around CHF 8,000. Between April 2005 and June 2006, [B.] made withdrawals from her husband's assets totaling CHF 3,804,792. In particular, she sold the marital home owned by the husband in 2005 and purchased the apartment [W.] solely in her own name, which she then occupied. In the divorce judgment of 29 May 2017, [B.] was ordered to pay [A.] CHF 1,969,982 plus 5% interest since 17 July 2011 for unjust enrichment. Additionally, [A.] was ordered to pay his former wife post-marital maintenance in the form of a lump-sum payment of CHF 931,603 and compensation under Art. 124e ZGB in the form of a lump-sum payment of CHF 530,500.Considerations
1. Default Interest on the Restitution of Unjust Enrichment: The Federal Supreme Court held that the requirements for default interest under Art. 104(1) CO were met, as [A.] had quantified his monetary claim against [B.] with the filing of the divorce petition on 17 July 2011. The lower court had wrongly denied the default interest, as it had based its decision on an irrelevant criterion, namely the alleged savings in maintenance contributions. The Federal Supreme Court therefore set aside the decision on this point and…