손해배상(기)
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The reasons for the court’s explanation of this case are as follows: “F” under Section 8 of Section 2 of the judgment of the court of first instance as “K”; and the reasoning for the judgment on the matters alleged in the court of first instance is as stated in the part of the judgment of the court of first instance, except for the following additional statement, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
【Additional Determination Matters】 Article 26(1) of the Enforcement Decree of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act provides that “Where a broker intends to receive guaranty insurance, mutual aid money, or deposit money as compensation for damages, the client and broker shall file a claim with a guarantee agency for the payment of damages with the documents attached to a written agreement on compensation for damages between the broker and the broker, a copy of the court’s final decision, or other effective documents equivalent thereto.” Thus, before the judgment on the case between the plaintiffs and E becomes final and conclusive, the plaintiffs had a legal obstacle that the plaintiffs are unable to claim mutual aid money against the defendant, but only after the mediation was completed on April 4, 2013, the occurrence of the accident of mutual aid was known.
Therefore, it argues that the extinctive prescription of the claim for mutual aid will run from that time.
Article 26 of the Enforcement Decree of the Act on the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions, in cases where a client intends to receive mutual aid money, etc. as compensation for damages, the client and the broker shall file a claim with the guarantee agency for the payment of compensation for damages with a copy of the agreement on compensation for damages between the broker and the broker or of the final decision of the court, or any other equivalent document. However, this is an obligation of compensation through agreement or lawsuit with the broker for the benefit of the broker