The request for retrial is dismissed.

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

We examine the reasons for the request for retrial.

The summary of the grounds for the request for retrial is that there are grounds for retrial under Article 451(1)9 of the Civil Procedure Act (when a judgment was omitted on important matters that may affect the judgment) in the judgment subject to retrial.

However, insofar as a claim on the grounds of appeal by an original judgment is deemed to constitute a ground for non-trial deliberation as prescribed by Article 4 of the Act on Special Cases Concerning the Procedure for Trial and Appeal, and the appeal is dismissed without further deliberation, it cannot be said that the judgment was omitted (see, e.g., Supreme Court Decision 2007Du301, Jun. 26, 2008). Therefore, the above assertion is without merit.

Therefore, the retrial costs are 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.