The request for retrial is dismissed.

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

The grounds for retrial shall be examined.

Article 451 (1) 9 of the Civil Procedure Act provides that "when a judgment is omitted on important matters that may affect a judgment, which are grounds for retrial under Article 451 (1) 9, means an attack and defense submitted by a party in a lawsuit and that have an influence on the judgment, the judgment is not clearly indicated in the reasoning of the judgment. Thus, even if the judgment was rendered, the grounds leading to the judgment are not clearly explained or the grounds for rejecting the party's claims are not individually explained, it shall not be deemed an omission of judgment

Therefore, the judgment dismissing a final appeal on the ground that the grounds alleged as the grounds for final appeal do not constitute any grounds for final appeal under Article 3 of the Trial of Small Claims Act, and thus, cannot be deemed legitimate grounds for final appeal. Therefore, the grounds for final appeal cannot be deemed grounds for final appeal under Article 451(1)9 of the Civil Procedure Act.

(see, e.g., Supreme Court Decision 2006Ja836, May 10, 2007). Other grounds for retrial asserted by the Plaintiff (Plaintiff) do not constitute legitimate grounds for retrial.

Therefore, the retrial of this case 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.