All requests for retrial are dismissed.

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

The grounds for request for retrial shall be examined.

Article 4 of the Act on Special Cases Concerning the Procedure for Appeal. In so doing, it is apparent that the judgment of the court below does not constitute a case where the opinion of the Supreme Court was changed because it was included in the purport that the judgment did not affect the judgment and that there was no need to change the precedents of the Supreme Court. Thus, it cannot be said that there was a ground for retrial under Article 451(1)1 of the Civil Procedure Act on the ground that the judgment subject to a retrial was not conducted by a panel of not less than 2/3 of all Justices of the Supreme Court.

(See Supreme Court Decision 2007Da192 Decided November 16, 2007, and Supreme Court Decision 97DaDa94 Decided June 13, 1997, etc.). Also, the judgment subject to a retrial, which dismissed a final appeal due to a psychological failure, cannot be deemed as a ground for retrial under Article 451(1)9 of the Civil Procedure Act (when a judgment on important matters that may affect the judgment is omitted).

(2) In light of the above legal principles, the court below erred by misapprehending the legal principles on the grounds that the court below did not err by misapprehending the legal principles on the grounds that the court below did not err by misapprehending the legal principles on the grounds that the court below did not err by misapprehending the legal principles on the grounds of appeal.