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

Article 451(1)9 of the Civil Procedure Act provides that "when a judgment on important matters that may have an impact on a judgment is omitted" refers to cases where a party submitted in a lawsuit and does not specify the judgment in the grounds of the judgment concerning the means of attack and defense that have an impact on the judgment. As long as a judgment has been rendered, even if the grounds leading to the judgment are not sufficiently explained or the grounds for rejecting the party's claims are not individually explained, it shall not be deemed as omitting the judgment under the above provision.

Therefore, there is no omission of determination as to the grounds of appeal in the judgment subject to a retrial on the ground that the argument in the grounds of appeal does not fall under any of the subparagraphs of Article 3 of the Trial of Small Claims Act, and thus, it cannot be deemed grounds for retrial under Article 451(1)9

(see, e.g., Supreme Court Decision 2006Ja836, May 10, 2007). Other grounds asserted as grounds for a retrial do not constitute legitimate grounds for retrial under Article 451(1) of the Civil Procedure Act.

Therefore, the retrial costs 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.