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

Article 424(1)6 of the Civil Procedure Act and Article 4(1)2 of the Act on Special Cases Concerning the Procedure for Appeal, the Plaintiff (hereinafter “Plaintiff”) asserts that there exists a ground for retrial under Article 451(1)9 of the Civil Procedure Act (when a decision for review was omitted on important matters affecting the judgment) in the decision for review, since the decision for review was dismissed by the Plaintiff’s rejection of the Plaintiff’s final appeal.

However, insofar as the argument on the grounds of appeal by the original judgment constitutes a ground for non-judicial review under the Act on Special Cases Concerning the Procedure for Appeal, and the final appeal is dismissed without further deliberation, there is no room to deem that the original judgment omitted the judgment on

(see, e.g., Supreme Court Decision 2008Reda502, Feb. 12, 2009). Other grounds asserted by the Plaintiff do not constitute grounds for retrial under each subparagraph of Article 451(1) of the Civil Procedure Act.

Therefore, the plaintiff's request for retrial is all 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 on the bench.