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 summary of the grounds for a request for retrial is that there is a ground for retrial under Article 451(1)9 of the Civil Procedure Act (when a judgment was omitted on important matters that may affect a judgment) since an original judgment was rejected under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal by the Supreme Court, without omitting any judgment on important matters that could affect a judgment.

However, the ground of appeal that dismissed a case falling under Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal does not constitute a legitimate ground for retrial, and it cannot be said that the allegation on the grounds of appeal constitutes a ground for rejection of a trial under the Act on Special Cases Concerning the Procedure for Appeal, and that there is no omission in the determination of the grounds of appeal as to the judgment subject to a retrial without further deliberation. Thus, this cannot be deemed a ground for retrial under Article 45

(See Supreme Court Decision 201Da479, 486 Decided November 29, 2012, etc.). Therefore, the request for 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.