The request for retrial is dismissed.

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

The grounds for request for retrial shall be examined.

1. “Important matters affecting judgment” under Article 451(1)9 of the Civil Procedure Act as to a ground for retrial under Article 451(1)9 of the Civil Procedure Act, irrespective of whether or not ex officio investigation is conducted.

However, even if the parties did not determine the ex officio investigation that was alleged by or not urged by the parties to investigate, it does not constitute grounds for retrial under subparagraph 9 of the above Article (see, e.g., Supreme Court Decision 94Nu32, Nov. 8, 1994). The Defendant (hereinafter “Defendant”) asserts that the Defendant (hereinafter “Defendant”) is an ex officio investigation under this part of the grounds for retrial is an ex officio investigation under this part of the grounds for retrial. As such, the Defendant’s assertion in the course of litigation in the judgment subject to retrial does not have asserted, or urged the investigation,

2. As to a ground for retrial under Article 451(1)10 of the Civil Procedure Act, the grounds for retrial under Article 451(1)10 of the Civil Procedure Act are established to coordinate conflicts between res judicata of the judgment subject to retrial and res judicata of the final and conclusive judgment rendered prior to the judgment subject to retrial. As such, “when the final and conclusive judgment rendered prior to the judgment subject to retrial conflicts with the final and conclusive judgment rendered prior to the final and conclusive judgment,” refers to

(See Supreme Court Decision 94Da383 delivered on August 26, 1994, etc.). This part of the Defendant’s assertion is against the opinion that the Supreme Court rendered on the past defect, and it is evident that the Defendant’s ground for retrial under subparagraph 10 cannot be a ground for retrial.

3. Therefore, the retrial is 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 on the bench.