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

The gist of the grounds for the request for retrial of this case lies in the purport that the grounds for retrial under Article 429 of the Civil Procedure Act and Article 5 of the Act on Special Cases Concerning the Procedure for Appeal of Supreme Court have been established on the ground that the court did not state the grounds for appeal in the petition of appeal submitted by the Plaintiff and did not submit a statement of grounds for appeal within the statutory period, on the premise that the said notice was duly served on February 15, 2016, even though the Plaintiff failed to receive the notice of receipt of the records of appeal in the case subject to review.

On February 15, 2016, the fact that the Plaintiff’s employee “A” written notice of the notice of receipt of the record of appeal contains a signature on February 15, 2016 that the Plaintiff’s employee received the documents at the seat of the Plaintiff Company’s head office is obvious to this court. However, it is difficult to deem that the data submitted by the Plaintiff was voluntarily signed on the notice of receipt of records of appeal by a third party, and there is no evidence to deem that the supplementary service of the notice of receipt of records of appeal is unlawful, such as

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