Facts
[A. GmbH] (the Appellant) and [B. AG] (the Respondent) conducted business transactions in 2007 regarding the delivery of aviation fuel for the ISAF troops in Afghanistan. [A.] made advance payments totaling EUR 5,782,200.--. In December 2008, [A.] withdrew from the contract and demanded the reimbursement of the advance payments in the amount of EUR 2,010,358.98 from [B.] .
[B.] filed a claim against [A.] with the Cantonal Court of Glarus for the payment of CHF 2,936,352.85. The Cantonal Court of Glarus dismissed [B.] 's claim and determined a balance of EUR 129,970.05 in favor of [A.] .
[A.] subsequently filed a claim with the Commercial Court of St. Gallen for the reimbursement of the advance payments in the amount of EUR 2,010,359.--. The Commercial Court accepted the claim but dismissed it, except for the amount of EUR 129,970.05, as this amount had already been decided in favor of [A.] by the Cantonal Court of Glarus in a legally binding manner.
Considerations
The Federal Supreme Court confirmed the decision of the Commercial Court. It stated that the substantive res judicata of the judgment of the Cantonal Court of Glarus also covers the offsetting claims of [A.] , insofar as the Cantonal Court of Glarus had decided on them. The Cantonal Court of Glarus had fully assessed the parties' claims from the deliveries, advance payments, and the alleged damage,…