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1. The Plaintiff:
A. The Defendant Pungwon Development Co., Ltd. is the Plaintiff’s New Bank Co., Ltd.
Reasons
1. Basic facts
A. On February 11, 2008, F, which was the representative of the E-owner’s meeting (hereinafter “owner’s meeting”) composed of sectional owners of the building in Gangnam-gu Seoul and the same Gu D (hereinafter “the instant building”), was designated as “F,” “5.8% per annum,” “5.8% per annum,” “25,412,593,” and “25,593,000,000,000 deposit account (G account number) of the Defendant bank.”
B. In the event that the Plaintiff was selected as a new representative of the owner’s meeting, F transferred the said deposit account to the Plaintiff, and the maturity of the time deposit thereafter arrived, on February 11, 2009, the Plaintiff, with the Defendant Bank, deposited KRW 203,740,313, out of the said player deposit money, with the deposit owner “Plaintiff (the Plaintiff’s representative meeting),” “3.75% per annum,” “3.75% per annum,” “201,380,574 won per annum,” “211,380,574 won per annum,” and “211,380,574 won per contract amount” (hereinafter “the instant term deposit”).
C. Meanwhile, on October 1, 2005, Defendant Pungwon Development Co., Ltd. (hereinafter “Defendant Company”) managed the instant building in accordance with the management and operation contract concluded with the owner’s meeting (hereinafter “instant management and operation contract”). However, the main contents of the instant management and operation contract are as follows.
Article 5 (Amount of Contribution for Management and Operation) (1) The cost of entrusted management of the operation of the building (general management, facilities, guidance, cleaning, parking, etc.) shall be KRW 300 per ordinary month.
(2) The Defendant Company shall calculate the actual expenses, such as expenses for entrusted management and personnel expenses under the preceding paragraph, and notify the occupants of the instant building of the imposition thereof every month.
Article 6 (Authority and Obligations of Policyholders for Management and Operation) (2) The defendant company shall pay management expenses to each occupant.