The action for retrial shall be dismissed.

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

The grounds for request for retrial shall be examined.

Article 451(2) of the Civil Procedure Act provides that in order to claim grounds for retrial under Article 451(1)4 through 7 of the same Act, a suit for retrial may be filed only when a judgment of conviction or a judgment of a fine for negligence has become final and conclusive or a final and conclusive judgment of a conviction or a fine for negligence cannot be rendered for reasons other than shortage

Although Defendant (Plaintiffs) asserts to the effect that there exist grounds for retrial under Article 451(1)5, 6, and 7 of the Civil Procedure Act, there is no proof that there is such circumstances as set forth in Article 451(2) of the Civil Procedure Act, and there is no proof of specific assertion as to the legitimate grounds for retrial, the instant lawsuit for retrial is unlawful.

Therefore, the retrial suit of this case 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.