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

The reason for a retrial lies in the purport that there is a ground for a retrial under Article 451(1)9 of the Civil Procedure Act in the judgment subject to a retrial. However, inasmuch as an argument on the grounds of appeal by the judgment subject to a retrial constitutes a ground for a retrial under Article 451(1)9 of the Act on Special Cases concerning the Procedure for Appeal

(See Supreme Court Decision 2008Da502 Decided February 12, 2009, etc.). Therefore, the retrial is 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.