The litigation costs for retrial shall be borne by the plaintiff (appointed party and the plaintiff for retrial).

Article 451 (1) 9 of the Civil Procedure Act provides that "when a judgment is omitted with respect to important matters that may affect the judgment" refers to cases where a party to a lawsuit submits a means of attack and defense, which may affect the judgment, and the decision is not clearly indicated in the reasoning of the judgment, and as long as a judgment exists, the grounds leading to the judgment shall not be clearly stated or the grounds for rejecting the party's claims shall not be deemed omission of the judgment under the above Article

(See Supreme Court Decisions 200Da47200 Decided November 24, 200, 201; 201Du100 Decided December 8, 201, etc.). Examining the grounds for the judgment subject to a retrial in light of the aforementioned legal principles, the purport of rejecting all of the allegations that the Plaintiff (appointed party and the Plaintiff for a retrial) omitted the said judgment is included in the judgment subject to a retrial. Accordingly, there is no omission of judgment, which is a ground for a retrial under Article 451(1)9 of the Civil Procedure Act.

Other reasons asserted by the Plaintiff (Appointed Party and Review Plaintiff) as the grounds for the instant petition for retrial do not constitute legitimate grounds for retrial under each subparagraph of Article 451(1) of the Civil Procedure Act.

Therefore, all of the appeals are 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.