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

(1) Article 456(1) of the Civil Procedure Act provides that “The party, barring any special circumstance, should have known of the grounds for retrial under Article 451(1)9 of the Civil Procedure Act, whether there was omission of judgment, which is a ground for retrial under Article 45

(2) As to the grounds of appeal on July 14, 201 (see, e.g., Supreme Court Decision 2011Da380, 397, Jul. 14, 201). Inasmuch as the grounds of appeal on the grounds of appeal are deemed to fall under the grounds of no trial under the Act on Special Cases Concerning the Procedure for Appeal, there is no omission in determination as to the grounds of appeal in the judgment dismissing the final appeal without further deliberation. Therefore, this cannot be

(See Supreme Court Decision 2008Reda502 Decided February 12, 2009, etc.). According to the record, the following facts are revealed.

On May 9, 2019, the argument on the grounds of appeal by the defendant (the plaintiff for review) on the judgment subject to review constituted a ground of appeal under the Act on Special Cases Concerning the Procedure for Appeal, and thus dismissed the appeal without further deliberation.

The Defendant (Plaintiff) served an authentic copy of the judgment subject to retrial on May 10, 2019, and filed a lawsuit for retrial of this case on June 21, 2019 on the ground that “The grounds for retrial stipulated in Article 451(1)9 of the Civil Procedure Act exists in the judgment subject to retrial.”

In light of the above legal principles, not only the period for filing a petition for retrial has expired, but also there is no ground for retrial as stipulated in Article 451(1)9 of the Civil Procedure Act in the judgment subject to retrial.

Therefore, a retrial suit is dismissed as unlawful and the costs of the retrial are borne by the losing party. It is so decided as per Disposition by the assent of all participating Justices.