The request for retrial is dismissed.

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

The grounds for request for retrial shall be considered.

The gist of the grounds for the retrial of this case is that there are grounds for Article 451(1)1 of the Civil Procedure Act (when a judgment court is not constituted under the law) in the judgment subject to retrial of this case.

However, in its reasoning, the decision subject to a retrial is deemed to constitute a ground for retrial under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal. In so doing, according to Article 4(1)3, 4, and 4(3) of the same Act, the judgment of the court below on the interpretation of legal order rules or disposition in conflict with the Supreme Court precedents and thus does not affect the conclusion of the judgment, and it is apparent that the previous opinion of the Supreme Court is not changed. Thus, it is evident that the decision subject to a retrial does not constitute a case where the previous opinion of the Supreme Court is changed. Thus, the decision subject to a retrial does not constitute a ground for retrial under Article 451(1)1 of the Civil Procedure Act on the ground that the decision subject to

(See Supreme Court Decisions 2004Reda566 Decided January 28, 2005, and 2008Reda519 Decided March 12, 2009, etc.). Therefore, the request for retrial is dismissed, and the costs of lawsuit are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.