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

Article 451(1)10 of the Civil Procedure Act provides that grounds for retrial under Article 451(1)10 of the same Act are established to coordinate conflicts between res judicata of the judgment subject to retrial and res judicata of a final and conclusive judgment rendered prior to the final and conclusive judgment. “When a final and conclusive judgment rendered prior to the final and conclusive judgment becomes contrary to the final and conclusive judgment rendered prior to the final and conclusive judgment to the parties to the judgment subject to retrial.” Where res judicata of the said judgment does not affect

(see, e.g., Supreme Court en banc Decision 2011Da1999, Jul. 21, 2011). Defendant (Plaintiffs for Retrial) asserts to the effect that there exist grounds for retrial under Article 451(1)10 of the Civil Procedure Act in the judgment subject to retrial. However, there is no ground to deem that the judgment subject to retrial conflicts with the final and conclusive judgment rendered prior to the judgment subject to retrial, and thus, Defendant

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.