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The request for retrial is dismissed.
The litigation costs for retrial shall be borne by the plaintiff.
Reasons
The grounds for request for retrial shall be examined.
Article 451(1)9 of the Civil Procedure Act (hereinafter “when the judgment was omitted on important matters affecting the judgment”) provides that the judgment subject to a retrial constitutes a serious violation of Acts and subordinate statutes and does not constitute a ground for rejection of a trial under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal of the Supreme Court, but the judgment subject to a retrial was rendered without a hearing on such grounds.
However, the ground for dismissing a case falling under Article 4(1)5 of the Act on Special Cases Concerning the Procedure for Appeal does not constitute a legitimate ground for retrial, and as long as the argument on the ground for appeal by an original judgment constitutes a ground for rejection of hearing under the Act on Special Cases Concerning the Procedure for Appeal, it is no longer likely that the original judgment omitted the judgment on the ground for appeal.
(See Supreme Court Decisions 96Da325 delivered on November 22, 1996, and 2008Da502 delivered on February 12, 2009, etc.). Therefore, the retrial is dismissed, and the costs of the retrial are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.