Burden of Proof for Set-Off Counterclaims

In a debt dispute where the defendant asserted multiple counterclaims for set-off, the court addressed the burden of proof regarding the existence of the offset claim. The court reasoned that according to the relevant civil code provisions concerning set-off, the party declaring the set-off (the compensant) bears the burden of proof not only for the prerequisites of their right to set-off, such as mutuality and due date, but also for establishing the actual legal existence of the contested counterclaim being used for the set-off. Therefore, when the existence of the set-off claim is disputed, the defendant asserting the set-off must prove its validity.