Facts
The appellant was president and later member of the board of directors of [X. AG] . The company was founded in 1992 and produced and distributed products, in particular alternative medical health products and environmental technology products. In 1997, bankruptcy proceedings were opened against [X. AG] . The respondents, who had concluded purchase agreements with [X. AG] , had the power to conduct proceedings on behalf of the bankruptcy estate regarding a liability claim against the company's organs.
The Commercial Court of the Canton of St. Gallen ordered the appellant to pay CHF 300,000 plus 5% interest since October 27, 1997, jointly and severally with two other defendants. The Court of Cassation of the Canton of St. Gallen dismissed an appeal for nullity filed by the appellant. The appellant requests the FSCA to overturn the decisions of the Commercial Court and the Court of Cassation and to dismiss the claim.
Considerations
The FSCA applies the law ex officio and is therefore not bound by the arguments raised in the appeal or the considerations of the lower court. The appellant has appealed both the decision of the Commercial Court and the judgment of the Court of Cassation to the FSCA. This is generally admissible and the appeal period has also been observed with regard to the commercial court decision.
The FSCA bases its judgment on the facts established by the lower court. It can only correct or supplement the lower court's findings of fact if they are obviously incorrect or based on a violation of the law within the meaning of Art. 95 FSCA. The appellant, who wishes to challenge the lower court's findings of fact, must substantiate how the conditions for an exception under Art. 105 para. 2 FSCA are met and how the proceedings would have turned out differently if the facts had been established in accordance with the law.
The appellant accuses the lower court of violating Art. 669 para. 1, Art. 725 para. 2, and Art. 759 para. 1 CO. In the case at hand, in…