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

The gist of the grounds for a retrial is that there is a ground for retrial under Article 451(1)9 of the Civil Procedure Act (when a judgment was omitted on important matters affecting a judgment) and Article 10(1) of the Civil Procedure Act (when a judgment for retrial is inconsistent with a final judgment rendered before a judgment for retrial) since there is a violation of the Constitution that infringes on the right to a trial under the Constitution, such as failure to obtain a major evidence, and thus, does not constitute a ground for rejection of a trial under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal.

However, inasmuch as the grounds for final appeal that dismissed by the court of final appeal under Article 4(1) of the Act on Special Cases Concerning the Procedure of final Appeal did not constitute legitimate grounds for final appeal, and the argument that the grounds for final appeal by the court of final appeal constituted grounds for final appeal under the Act on Special Cases Concerning the Procedure of final Appeal, the judgment subject to final appeal omitted the judgment

There is no room to be a violation of the previous Supreme Court ruling.

(2) In light of the above legal principles, the court below erred by misapprehending the legal principles as to the filing of a request for retrial, and thereby, did not err by misapprehending the legal principles as to the filing of a request for retrial. In so doing, the court below erred by misapprehending the legal principles as to the filing of a request for retrial.