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

Article 451(1)9 of the Civil Procedure Act provides that "when a judgment is omitted on important matters that may affect the judgment," which is a ground for retrial under Article 451(1)9 of the Civil Procedure Act, means an attack and defense submitted by a party in a lawsuit and that has an influence on the judgment, and the judgment is not clearly indicated in the reasoning of the judgment. As long as the judgment was made, even if the reasons leading to the judgment are not clearly explained or the grounds for rejecting the parties' claims are not individually

(2) In light of the legal principles as seen earlier, the lower court’s determination that a retrial suit filed by the Defendant (Plaintiff) constitutes abuse of the right to institute a suit is justifiable and does not constitute an unlawful act as otherwise alleged in the ground of appeal. In so doing, the lower court’s dismissal of the appeal by the Defendant (Plaintiff) on the ground that the judgment subject to a retrial constitutes an abuse of the right to institute a suit and thus, cannot be said to have been erroneous, as otherwise alleged in the ground of appeal.

Therefore, there is no ground for retrial under Article 451(1)9 of the Civil Procedure Act in the judgment subject to a retrial.

In addition, the reason why the defendant (Plaintiff for retrial) needs not be a legitimate ground for retrial against the judgment subject to retrial.

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.