1. The judgment of the court of first instance is reversed, and the judgment is modified as follows.

The defendant shall be KRW 1,560,533,330.

The grounds of appeal are examined.

1. Judgment on the Defendant’s grounds of appeal

A. As to the ground of appeal No. 1, the lower court determined that the Defendant’s lending of the Defendant’s own funds from its own account to the trust account (hereinafter “the instant lending”) is null and void in violation of Article 31(1) of the former Trust Act (wholly amended by Act No. 7428, Jul. 25, 2011; hereinafter the same), which is a mandatory provision, and that such transaction cannot be deemed null and void solely on the ground that the Defendant’s lending of the Defendant’s own funds from its own account constitutes a benefit to the Plaintiffs or

The judgment below

Examining the reasoning in light of the relevant legal principles, the lower court did not err by misapprehending the legal doctrine on Articles 38 and 31(1) of the former Trust Act, contrary to what is alleged in the grounds of appeal.

B. As to the grounds of appeal Nos. 2 and 4, the lower court rejected all the Defendant’s assertion that the Defendant should deduct the amount equivalent to the damages, expenses, and interest that the Defendant would have to recover within the scope of the Defendant’s duty of restitution, with the reason that the Defendant would have been able to receive compensation pursuant to Article 42 of the former Trust Act, as well as the legal interest and the amount equivalent to the commercial interest on the instant self-financing, which he would have been able to obtain by operating the instant

Furthermore, the lower court determined that the Defendant was liable to pay the trust account the remainder of the money transferred from the trust account as interest for the instant lending, excluding the amount extinguished by the statute of limitations.

The judgment below

Examining the reasoning in light of the relevant legal principles, the lower court did not err by misapprehending the legal doctrine regarding the trustee’s right to claim compensation for expenses, offsetting profits and losses, or failing to exhaust all necessary deliberations.

C. As to the ground of appeal No. 3, the instant lending is null and void, and the Defendant cannot receive compensation for damages or expenses incurred by the instant lending of its own funds, either is trust property or trust property.