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 gist of the grounds for the request for retrial of this case is that the judgment of the court below constitutes a serious violation of law and thus 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 of the court below rendered a judgment dismissing an appeal without a review of this case. Thus, Article 451(1)9 of the Civil Procedure Act (hereinafter “when the judgment was omitted on important matters affecting the

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.