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

The gist of the grounds for the request for retrial lies in the grounds for retrial of “when a judgment was omitted on important matters that may affect the judgment,” as provided by Article 451(1)9 of the Civil Procedure Act.

However, since an argument on the grounds of appeal on the grounds of final appeal is deemed to constitute a ground for non-judicial review under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal, and the appeal is dismissed without further deliberation, it cannot be deemed that the judgment was omitted on important matters affecting

(See Supreme Court Decision 2014Da1216 Decided January 15, 2015). 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.