1. The part of the judgment of the court of first instance against the defendant regarding the plaintiff's claim for recovery of funds shall be revoked.

1. In the first instance court, the Plaintiff filed a claim for recovery of funds and a claim for damages against the Defendant for unlawful acts. The first instance court rendered a judgment of partial acceptance of the part concerning the claim for recovery of funds (the principal claim was wholly accepted, but the part concerning the claim for delay was partially dismissed), and the judgment of dismissal of the claim for damages due to unlawful acts was rendered.

As to this part of the claim for damages caused by the tort, the defendant appealed against the defendant among the part of the claim for recovery of the fund, respectively. The plaintiff withdrawn an appeal against the defendant in this court and the part of the claim for damages caused by the tort in the judgment of the first instance became final

Therefore, the part against the defendant among the plaintiff's claim for recovery of the fund, the part against the plaintiff, the part against the plaintiff's succeeding intervenor's claim pursuant to the plaintiff's application for intervention in succession in the court, and the part on the application for the return of provisional payment filed by the defendant against the plaintiff in this court is subject to the judgment of the court. Thus,

2. Judgment on the Plaintiff’s claim for the repayment of funds

A. 1) The Defendant asserts that “The Plaintiff’s claim for the recovery of the Fund, which the Plaintiff sought against the Defendant as the instant lawsuit, loses the Plaintiff’s standing to be a party by obtaining a seizure and collection order, and thus, the Plaintiff’s lawsuit on this part is unlawful.” 2) If the seizure and collection order for the claim is issued, only the collection obligee may file a lawsuit for performance against the garnishee, and the obligor loses the standing to institute a performance lawsuit against the seized claim.

On the other hand, an order of seizure of a claim takes effect when it was served on the garnishee, and since such an order of seizure of a claim is also effective on the subordinate right, it is naturally effective on the interest or delay damages incurred after the seizure takes effect.