Kernrechtsfrage
Whether the second commission claim was identical to the claim already adjudicated and therefore res judicata
Extrahierter Entscheid
Yes. The two actions were based on the same legal ground and essentially the same facts, so the second claim was already decided.
Extrahierte Begründung
For res judicata, the decisive factor is the claim and the underlying facts, not how the claimant later characterizes the brokerage contract. The October 16 agreement had already been considered in the first case, and later-added factual allegations could have been raised earlier.