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

The defendant (hereinafter "the defendant") asserts to the effect that there are grounds for retrial under Article 451 (1) 9 of the Civil Procedure Act (when a judgment was omitted on important matters that may affect the judgment), and Article 10 (when the judgment was inconsistent with the final judgment rendered before the judgment was filed) of the Civil Procedure Act.

However, there is no omission of determination as to the grounds of appeal in the judgment subject to a final appeal, on the ground that the argument on the grounds of appeal constitutes a ground for non-judicial review under the Special Act on

(See Supreme Court Decision 95Nu176 delivered on February 13, 1996, etc.) In addition, Article 451(1)10 of the Civil Procedure Act provides that “when a final and conclusive judgment previously rendered prior to the filing of a new trial is contrary to a final and conclusive judgment,” “when the final and conclusive judgment becomes contrary to the final and conclusive judgment rendered prior to the filing of a

Even though a final and conclusive judgment rendered prior to such a final and conclusive judgment pertains to a case similar to that subject to a final and conclusive judgment, if res judicata of such judgment does not extend to the party to the judgment subject to a final and conclusive judgment,

(See Supreme Court en banc Decision 2011JaDa199 Decided July 21, 2011). However, the Supreme Court en banc Decision that the Defendant rendered as the reason for the request for a retrial differs from the parties, and the res judicata does not extend to the parties to the judgment subject to a retrial including the Defendant.

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