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

Since there is no omission in judgment on the grounds of appeal in the judgment subject to a retrial, which dismissed a final appeal due to a lack of deliberation, it cannot be said that it constitutes grounds for retrial under Article 451(1)9 of the Civil Procedure Act (when a judgment on important matters that may affect a judgment is omitted).

(See Supreme Court Decision 95Nu176 delivered on February 13, 1996, etc.). Therefore, the retrial costs are 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.