The costs of retrial shall be borne by the Defendant (Counterclaim Plaintiff, Plaintiff for retrial).

Article 451(1)9 of the Civil Procedure Act provides that "when a judgment is omitted on important matters that may affect the judgment" refers to an attack and defense method submitted by a party in a lawsuit and that has an influence on the judgment, and a judgment is not clearly indicated in the reasoning of the judgment. As long as a judgment has been rendered, the grounds leading to the judgment are not sufficiently explained or the grounds for rejecting a party's assertion are not individually explained (see, e.g., Supreme Court Decisions 2003Da415, Jan. 28, 2005; 2005Da20, Dec. 8, 2006). Examining the grounds for the judgment subject to a retrial in light of the above legal principles, it can be deemed that the judgment of the judgment subject to a retrial contains the purport of rejecting all the allegations that the Defendant (Counterclaim Plaintiff, Plaintiff, and Plaintiff) omitted the judgment, which is a ground for retrial under Article 451(1)9 of the Civil Procedure Act.

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.