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

The gist of the grounds for retrial lies in the purport that there is a ground for retrial under Article 451(1)9 of the Civil Procedure Act, since the judgment subject to retrial was erroneous by omitting judgment on the grounds for appeal.

The grounds of appeal on the grounds of appeal cannot be deemed grounds for retrial under Article 451 (1) 9 of the Civil Procedure Act, since there is no omission in determination as to the grounds of appeal in the judgment subject to a retrial, deeming that the grounds of appeal on the grounds of appeal fall under the grounds

(2) In light of the above legal principles, the court below erred by misapprehending the legal principles as to the filing of a request for retrial, thereby exceeding the bounds of the principle of free evaluation of evidence, and exceeding the bounds of the principle of free evaluation of evidence, as otherwise alleged in the ground of appeal.