Declaratory action of the lender against the guarantor

Facts

[A.] (defendant in the declaratory action and appellant) had granted [C.] two loans in the amounts of USD 350,000 and USD 230,000. On the loan agreement dated December 13, 1995 for the second loan, [B.] (plaintiff in the declaratory action and respondent) had handwritten a declaration to be liable for the repayment of this asset with all his assets. The parties disagree on which loan amount this declaration refers to.

Subsequently, [A.] pursued [B.] for all the loan amounts paid out to [C.]. The District Court of Bülach granted [A.] provisional enforcement, whereupon [B.] filed a declaratory action and claims for reimbursement.

Considerations

The District Court dismissed the claims, as it interpreted the handwritten declaration of the respondent as an assumption of the entire loan debt of [C.].

The High Court of the Canton of Zurich partially overturned this…