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

Article 451(1)4 and 9 of the Civil Procedure Act provides that a ground for retrial exists in the judgment subject to a retrial. However, there is no evidence to acknowledge that a judge, who was involved in a judgment subject to a retrial, committed a crime relating to duties, such as abandonment of duties or abuse of authority, with respect to such case, and ② insofar as a judge’s assertion on grounds of appeal on grounds of appeal falls under a ground for a retrial under a ground for a retrial under Article 451(1)4 and 9 of the Civil Procedure Act and dismissed an appeal without further deliberation, the judgment on grounds of appeal cannot be deemed omitted (see, e.g., Supreme Court Decision 2008Da502, Feb. 12, 2009). As such, there is no ground for retrial under Article 4

Therefore, all of the appeals 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 on the bench.