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

The ground for the retrial of this case asserted by the Defendant (Plaintiff) does not constitute any ground for review under Article 451(1) of the Civil Procedure Act, and thus, the lawsuit of this case is unlawful.

(See Supreme Court Decision 96Da31307 delivered on October 25, 1996. Therefore, the lawsuit of this case is dismissed. The costs of the lawsuit are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.