The costs of retrial shall be borne by the Defendant (Counterclaim Plaintiff, Plaintiff for retrial).

The gist of the grounds for a retrial is as follows: (a) the Defendant (Counterclaim Plaintiff, and Plaintiff for Review) did not make a specific determination or deliberation on the allegations in the grounds of appeal alleged in the case subject to a retrial; and (b) dismissed the final appeal pursuant to Article 4 of the Act on Special Cases Concerning the Procedure of the Supreme Court; (c) the judgment subject to a retrial contains grounds for a retrial under Article 451(1)9 of the Civil Procedure Act (when

However, there is no omission of determination as to the grounds of appeal in the judgment subject to a retrial, which dismissed the final appeal without further deliberation, on the ground that the assertion on the grounds of appeal falls under the grounds for non-judicial review under the Act on Special Cases Concerning the Procedure for Appeal, and thus, it cannot be deemed as grounds for retrial under Article

(See Supreme Court Decision 2008Da502 Decided February 12, 2009. Therefore, the retrial is 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.