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.

Article 452 of the Civil Procedure Act provides, “If there exists any ground as provided in Article 451 in a trial which serves as the basis for a judgment, such ground may be used as the ground for a retrial even in a case where there exists an independent method of filing an appeal against such judgment,” and “judgment, which is the basis for a judgment,” refers to a judgment directly affected by a final judgment, which constitutes the premise of a final judgment, and directly affects it, and thus refers to an interim judgment or a decision or order in the procedure prior to a final judgment. The lower court’s judgment of the instant judgment subject to a retrial, which dismissed the Plaintiff (Plaintiff)’s final appeal, cannot serve as the basis for a judgment subject to a retrial under Article 452 of the Civil Procedure

In addition, "when the judgment was omitted on important matters that affect the judgment, which are the grounds for retrial under Article 451 (1) 9 of the Civil Procedure Act," refers to the cases where the parties failed to clarify the judgment in the reasoning of the judgment as to the means of attack and defense that are presented in court and which affect the judgment. Thus, even if the judgment was made, even if the reasons leading to the judgment are not sufficiently explained or the grounds for rejecting the parties' claims were not individually explained, it cannot be deemed an omission of judgment under the above provision of the Civil Procedure Act. Thus, there is no omission of judgment as to the grounds for appeal in the judgment subject to retrial, which dismissed the appeal on the ground that the grounds that the grounds for appeal as the grounds for appeal do not fall under any of the grounds for appeal under Article 3 of the Trial of Small Claims Act, and it does not constitute a legitimate ground for appeal

(See Supreme Court Decision 2006Reda836 Decided May 10, 2007). Therefore, this is applicable.