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The request for retrial is dismissed.
The litigation costs for retrial shall be borne by the plaintiff (the plaintiff, the selected party) and the selected party.
Reasons
The grounds for request for retrial shall be examined.
The reason for a retrial is that there was a ground for a retrial under Article 451(1)9 of the Civil Procedure Act because it was erroneous by omitting judgment in the judgment subject to a retrial. However, insofar as an argument on the grounds of appeal constitutes a ground for a retrial under Article 451(1)9 of the Act on Special Cases Concerning the Procedure for Appeal and dismissing an appeal without further deliberation
(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.