Kernrechtsfrage
Whether the costs paragraph of the judgment of 19 December 2016 had to be corrected ex officio due to a transposed refund allocation.
Extrahierter Entscheid
Yes. The third sentence of the dispositive part conflicted with the cost decision because the reimbursement shares had been mistakenly swapped.
Extrahierte Begründung
The written dispositive part contained an obvious clerical mistake. Under Art. 334(1) and (2) CPC, such errors must be corrected ex officio.