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

The plaintiff (the plaintiff) asserts that there are grounds for retrial under Article 451 (1) 9 of the Civil Procedure Act (when the decision was omitted on important matters that may affect the judgment) in the decision for retrial.

However, there is no omission in the 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, this cannot be considered as grounds for retrial under Article 451(1)9 of the Civil Procedure

(2) In light of the above legal principles, the court below erred by misapprehending the legal principles on the grounds that the court below did not err by misapprehending the legal principles on the grounds that the court below did not err by misapprehending the legal principles on the grounds that the court below did not err by misapprehending the legal principles on the grounds of appeal.