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

The grounds for retrial asserted by the defendant (the plaintiff for retrial) do not constitute grounds for retrial under each subparagraph of Article 451(1) of the Civil Procedure Act, and it does not seem that there exist grounds for retrial under each of the above subparagraphs in the judgment subject to retrial even upon examining the record.

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.