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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasoning of the court's explanation concerning this case is that the part of "3. judgment of the court of first instance" among the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance except for the case after the dismissal as set forth in the following 2. Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure
2. As to the portion of the mutual-aid fund used, under Article 35-2 of the former Real Estate Brokerage Act and Article 42 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act, the mutual-aid fund operated by the Defendant is a guarantee insurance system in which the broker guarantees liability for damages to the parties to a transaction due to his/her illegal act or nonperformance. Thus, even in cases where there are circumstances where it is impossible for the claimant of the mutual-aid fund to confirm the occurrence of the mutual-aid fund due to the reason that it is objectively unclear whether or not the mutual-aid accident occurred, the extinctive prescription of the claim of the mutual-aid
(See Supreme Court Decision 2007Da58339 Decided December 13, 2007, etc.). In other words, the Plaintiff filed a complaint against E, etc. on September 11, 2010, which was recognized by the above facts of recognition, but was not a complaint against B, and the Plaintiff filed a claim for damages against B, along with the Incheon District Court Decision 201Da55487 Decided April 26, 2012 (see, e.g., Supreme Court Decision 2007Da5839, Dec. 13, 2007). In light of the following, the Plaintiff filed a claim for damages against B, etc. on July 11, 2012, the Plaintiff brought a claim for damages against B, etc. by deducting the damage of the instant accident from the tort under the lease agreement, namely, the occurrence of the damage to the Plaintiff by deducting the damage of the instant accident from the mediation.