The request for retrial is dismissed.

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

The grounds for request for retrial shall be examined.

The reason for the request for retrial is that there is a ground for retrial under Article 451(1)9 of the Civil Procedure Act, since the judgment of the court below on the judgment subject to a retrial contains grounds for retrial as provided by Article 4(1)3 and 5 of the Act on Special Cases Concerning the Procedure for Appeal of Supreme Court, although it asserted in the ground for appeal, the argument in the grounds for appeal constitutes a ground for rejection of

The grounds for dismissal of the appeal to the Supreme Court under Article 4 (1) of the Act on Special Cases concerning the Procedure of Appeal are not legitimate grounds for retrial.

As long as an argument on the grounds of appeal by the original judgment falls under a ground for rejection of a trial under the Act on Special Cases Concerning the Procedure for Appeal, it cannot be said that the original judgment omitted the judgment on the grounds of appeal, unless it further examines and dismisses

(2) In light of the aforementioned legal principles, the lower court determined that the Plaintiff’s petition for retrial was dismissed, and that the Plaintiff’s petition for retrial was dismissed. In so doing, it is so decided as per Disposition by the assent of all participating Justices on the bench.