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

Defendant (Plaintiffs for Retrial) asserts to the effect that there are grounds for retrial under each subparagraph of Article 451(1) of the Civil Procedure Act in the judgment subject to retrial.

According to the records, a case subject to review was dismissed pursuant to Article 429 of the Civil Procedure Act and Article 5 of the Act on Special Cases Concerning the Procedure for Appeal on the ground that the defendant did not submit a written notice of receipt of the record of appeal at the time of September 26, 2015, on the ground that the appeal was not filed within the statutory period. Therefore, it is difficult to view that there exists a ground for retrial under each subparagraph of Article

Therefore, the retrial of this case is 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.