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

The grounds for retrial under Article 451(1)9 of the Civil Procedure Act (hereinafter “when the judgment was omitted on important matters affecting the judgment”) among the grounds for a retrial of this case asserted by the Plaintiff (Plaintiffs for Retrial) are as follows: (a) since the assertion on the grounds for appeal by the instant judgment subject to retrial falls under the grounds for a lack of deliberation under the provisions of the Act on Special Cases Concerning the Procedure for Appeal, it cannot be said that there was an omission in the determination of the grounds for appeal; and (b) it cannot be said that there was a ground for retrial

On the other hand, a lawsuit for retrial is allowed only when there are grounds stipulated in each subparagraph of Article 451(1) of the Civil Procedure Act. The remaining grounds for retrial of the plaintiff (the plaintiff for retrial) cannot be viewed as the grounds for retrial.

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