Security for Litigation Costs Granted Due to Defendant's Apparent Insolvency

The court upheld a request for security for litigation costs against the defendant, finding that the defendant presented the appearance of insolvency under $\S 125$ Abs. 1 lit. b ZPO. This determination was based on the substantial and persistent volume of debt collection proceedings (15 outstanding proceedings totaling over CHF 160,000), which courts generally consider an indication of inability to pay, and was further supported by the defendant's proposal to creditors to convert their claims into loans with subordination, an act implying existing financial difficulties acknowledged by the defendant itself in the proposal's preamble, alongside evidence suggesting a lack of immediate internal means to meet obligations.