The costs of retrial shall be borne by the Defendant (Counterclaim Plaintiff, Plaintiff for retrial).

Lawsuits for retrial are allowed only when they fall under the reasons prescribed in the subparagraphs of Article 451(1) of the Civil Procedure Act.

However, the Defendant (Counterclaim Plaintiff, and Plaintiff for reexamination)’s assertion does not constitute any of the grounds for retrial stipulated in the above legal provisions, and thus, the instant lawsuit for retrial is unlawful.

Therefore, the litigation for retrial is dismissed, and the costs of retrial are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.