The litigation costs for retrial shall be borne by the plaintiff.

The reason for a retrial lies in the judgment subject to a retrial under Article 451(1)9 of the Civil Procedure Act. However, inasmuch as an argument on the grounds of appeal on the grounds of a retrial falls under a ground for rejection of a trial under Article 451(1)9 of the Act on Special Cases Concerning the Procedure for Appeal, and thus dismissing an appeal without further

(See Supreme Court Decision 2008Da502 Decided February 12, 2009, etc.). Therefore, the 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.