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

The gist of the grounds for a retrial is that there are grounds for retrial under Article 451(1)1, 9, and 10 of the Civil Procedure Act in the judgment subject to retrial.

First of all, in relation to the assertion that there is a ground for retrial under Article 451(1)9 of the Civil Procedure Act (when a judgment on important matters that may affect a judgment is omitted), the Supreme Court’s established opinion that the ground for appeal cannot be said to have omitted judgment on the ground for appeal in a case where an argument on the grounds for appeal is dismissed on the ground that it constitutes a ground for trial under the Act on Special Cases Concerning the Procedure for Appeal of Supreme Court. (See, e.g., Supreme Court Decisions 95Nu176, Feb. 13, 1996; 96Da325, Nov. 22, 1996).

Next, in relation to the assertion that there are grounds for a retrial under Articles 451(1)1 (when a judgment court is not constituted under the law) and 10 (when a judgment is contrary to a final judgment rendered before the judgment to conduct a retrial) of the Civil Procedure Act in the judgment subject to a retrial, it is difficult to view that there exists grounds for a retrial under the above provisions in the judgment subject

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.