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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Party status 1) The Plaintiff is a company that performs the construction work of a steel structure as intended business by subcontracting the installation work of a steel structure with a large construction company or a removal company, etc. (2) The Defendant is a person who works as an employee of the Plaintiff from 1994 to 2013 established by the Plaintiff while working as an employee of the Plaintiff from 1994 to 2013. The Defendant was a construction manager, etc. in charge of the Plaintiff’s respective construction sites.
B. The Defendant’s management construction site structure 1) The Defendant employed on-site workers at each construction site (Cwork site, D Work Site, E Work Site, F Work Site, etc.) under his/her management, and carried out the construction at that construction site. The Defendant and the Defendant’s general manager at the site (the director at the site instead of the general manager at the site).
A person who served as a field manager at each construction site managed by the Defendant is G from September 2003 to February 2, 2007, and H from May 2007 to September 2013.
(2) At the construction site, the Defendant’s execution of the funds was carried out of the following structures: (a) At the construction site manager’s order, the Plaintiff’s head office prepared a monthly application for funds, along with the documents on the details of expenditure for each item, such as wage ledger, tax invoices, receipts, etc.; and (b) requested the Plaintiff’s head office to pay the funds (the cost of sending the funds to the head office for the operation of the workplace when there are several business places) by entering into the Plaintiff’s head office. (b) The Plaintiff’s head office reviewed the above funds application and transferred the requested funds to the corporate account in the name of the Plaintiff to be used at each construction site if there is no special problem.
Plaintiff
There is also a case where the fund is executed by directly spending the entire amount from the corporate account in the name of the defendant.