구상금
The request for retrial is dismissed.
The litigation costs for retrial shall be borne by the plaintiff (the plaintiff in retrial).
The grounds for request for retrial are examined.
The plaintiff (the plaintiff) has a ground for retrial under Article 451 (1) 9 of the Civil Procedure Act (when the judgment was omitted on important matters that may affect the judgment) in the judgment subject to retrial.
The argument is asserted.
However, since the original judgment did not review the case in accordance with Article 4 of the Act on Special Cases Concerning the Procedure for Appeal and dismissed the final appeal, the original judgment omitted a judgment on important matters that may affect the judgment.
Nor can it be viewed (see Supreme Court Decision 2008ReDa 519, Mar. 12, 2009, etc.). Moreover, even upon examining the records, there are grounds for retrial as stipulated in each subparagraph of Article 451(1) of the Civil Procedure Act in the judgment subject to a retrial.
It is not recognized.
Therefore, the request for retrial shall be dismissed, and the costs of retrial shall be borne by the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.