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 the subparagraphs of Article 451(1) of the Civil Procedure Act, and there is no evidence supporting that there exists any grounds for retrial under the above subparagraphs in the judgment subject to retrial even upon examining the record.

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.