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

The grounds for retrial asserted by the defendant (the plaintiff for retrial) do not constitute grounds for retrial under each subparagraph of Article 451(1) of the Civil Procedure Act. Moreover, even when examining records, the grounds for retrial under each subparagraph of the above cannot be found in 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.