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The request for retrial is dismissed.
The litigation costs for retrial shall be borne by the Counterclaim Plaintiff.
The grounds for request for retrial shall be examined.
Since there is no omission in judgment on the grounds of appeal in the judgment subject to a retrial, which dismissed a final appeal due to a lack of deliberation, it cannot be viewed as a ground for retrial under Article 451(1)9 of the Civil Procedure Act (when the judgment was omitted on important matters that may affect the judgment).
(see, e.g., Supreme Court Decision 95Nu176, Feb. 13, 1996). In addition, it is difficult to recognize that there exist other grounds for retrial as asserted by the Counterclaim (Plaintiff for Retrial) in the judgment subject to a retrial.
Therefore, the retrial costs are 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.