Facts
The plaintiff, Dr. [A.] , was a former member of the Board of Directors of [X. AG] (the defendant). [X. AG] filed a lawsuit against several former members of the Board of Directors, including the plaintiff, for liability under corporate law. The plaintiff filed a counterclaim for payment of salary claims, bonuses, and directors' fees. After a settlement between [X. AG] and its insurer [Y.] regarding the liability claim, the proceedings were struck off the record. The District Court of Arbon recognized part of the plaintiff's counterclaim in the amount of CHF 388,633.50 and dismissed the remainder. The High Court of the Canton of Thurgau confirmed this decision and denied an obligation of [X. AG] to pay the plaintiff default interest on the recognized amount.Considerations
The Federal Supreme Court confirmed the decision of the lower courts. It stated that [X. AG] had effectively set off the plaintiff's counterclaim against its claim for liability under corporate law in its statement of claim. Through the set-off, the two claims had been extinguished retroactively to the time of the…