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

In light of the records, it is difficult to recognize that there exists a ground for retrial under Article 451(1)6 of the Civil Procedure Act (when documents and other articles used as evidence of a judgment have been forged or altered) in the judgment subject to retrial solely on the grounds alleged by the Plaintiff (Plaintiff).

In addition, there is no omission in determination of the grounds of appeal in the judgment subject to a retrial, which dismissed a final appeal due to a lack of deliberation. Thus, it cannot be viewed as the grounds of retrial under Article 451(1)9 of the Civil Procedure Act (when the judgment was omitted on important matters that may affect the judgment

(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.