The litigation costs for retrial shall be borne by the plaintiff (Counterclaim defendant, plaintiff for retrial).

The judgment subject to a retrial does not state the grounds for appeal in the petition of appeal filed by the Plaintiff (Counterclaim Defendant, Review Plaintiff, hereinafter “Plaintiff”) and the grounds for appeal received on October 19, 2017, and thus, it dismissed the Plaintiff’s appeal in accordance with Article 429 of the Civil Procedure Act and Article 5 of the Act on Special Cases Concerning the Procedure for Appeal on the Grounds that the appellate brief was not filed within the statutory period.

The gist of the grounds for the instant request for retrial lies in the grounds for retrial under Article 451(1)9 of the Civil Procedure Act (when a judgment on important matters that may affect a judgment was omitted) since the time when the Plaintiff received a written notice of receipt of the notification of receipt of the notification of receipt of the trial records was “0:00 on October 19, 2017,” and this is legally submitted within 20 days from September 28, 2017 when the Plaintiff received a written notification of receipt of the notification of receipt of the notification of receipt of the trial records. However, even according to the Plaintiff’s assertion, the deadline for submission of the written appeal is from September 28, 2017 when the Plaintiff received a written notice of receipt of the written notice of the final appeal to October 18, 2017. Therefore, the grounds for the instant request for retrial based on the premise that the Plaintiff submitted the written notification within the statutory period for submission of the written appeal cannot be accepted.

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.