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

The gist of the grounds for a request for retrial lies in “when a judgment by the lower court was omitted on important matters that may affect the judgment” under Article 451(1)9 of the Civil Procedure Act, although it was erroneous by failing to exhaust all deliberations or omitting judgment, dismissing an appeal without making any judgment on the grounds of appeal, although the judgment subject to a retrial was erroneous by failing

Inasmuch as the Defendant either concealed or denied its existence despite the discovery of new evidence, it constitutes “a person who was led to confession or interfered with the submission of the means of offence or defense that may affect the judgment” due to another person’s act subject to criminal punishment under subparagraph 5 of the same paragraph.

However, the reason why the dismissal of a case falling under any of the subparagraphs of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal does not constitute a legitimate ground for retrial, and as long as the assertion of the grounds for appeal on the grounds for appeal constitutes a ground for rejection of a trial under the Act on Special Cases Concerning the Procedure for Appeal, it is no longer likely that the judgment of the grounds for appeal was omitted, unless

(2) Article 451(1)4 through 7 of the Civil Procedure Act provides that “A person may file a lawsuit for retrial only when a judgment of conviction or a judgment of imposition of a fine for negligence becomes final and conclusive or a final and conclusive judgment of conviction or imposition of a fine for negligence cannot be rendered for reasons other than lack of evidence” (see, e.g., Supreme Court Decision 2008Da502, Feb. 12, 2009). However, in the instant case, there is no evidence to prove that the Plaintiff (Plaintiff) satisfied the requirements under Article 451(1)5 of the Civil Procedure Act when claiming grounds for retrial under Article 451(1)5 of the same Act.