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

In light of the records, it is difficult to recognize that there exists a cause for retrial under Article 451(1)8 of the Civil Procedure Act (when a civil or criminal judgment or other judgment or administrative disposition, which forms the basis of a judgment, was changed by a different judgment or administrative disposition) in the judgment subject to a retrial solely on the grounds alleged by the Plaintiff (Plaintiff).

In addition, there is no omission of judgment on the grounds of appeal in the judgment subject to a retrial, which dismissed a final appeal due to a lack of deliberation. Thus, this cannot be said to be a ground for retrial under Article 451(1)9 of the Civil Procedure Act (when the judgment was omitted on important matters affecting the judgment

(2) In light of the above legal principles, the retrial is dismissed, and the retrial costs are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.