1.The judgment of the first instance court, including a claim modified in the trial, shall be modified as follows:

The defendant is the plaintiff.

1. The following facts do not conflict between the parties, or are found to be based on Gap evidence Nos. 3, 4, 13, 14, 15, 25, 27, 28, 35, 40, and 41 (including each number), Eul evidence Nos. 5 through 10, 17, 18, and 20, and witness E of the first instance trial. In light of each of the above evidence, it is insufficient to reverse the following recognition only on the evidence No. 3.

The defendant is a stock company with the purpose of investment brokerage business (hereinafter "the defendant company"), and Eul served as the head of the FPB team of the defendant company from December 2002 to October 2005, and as the head of the above F F F branch from November 2005 to May 2009, respectively.

B. From around 2005, the Plaintiffs established each securities consignment account, such as the respective entry in the “Account” column in the attached Table to the Defendant Company, and entered into an agreement with E to guarantee a certain amount of income, such as bank deposits, by operating with discretionary investment from the Plaintiffs.

(hereinafter referred to as “each of the instant agreements.” Although the Defendant asserts that there is no objective evidence to acknowledge a profit security agreement, according to the statement of evidence No. 3 and the testimony of witness E of the first instance trial, the fact of the agreement on profit security of E is recognized).

E received a certain amount of money from the Plaintiffs in accordance with the instant agreement, and managed the investment money by means of realizing the beneficiary certificates at the maturity following joining the fund, or taking over the beneficiary certificates of the fund to which another person has joined. From 2005 to 2007, E paid 6.0% per annum of the investment amount, and 7.0% per annum of the investment amount from 2007 to 2009. The details of the funds invested and recovered from E from 2005 to 2009 are as follows.

Plaintiff

The account deposit sheet is not the Plaintiff’s account written in the “Account” column.