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 gist of the grounds for a retrial asserted by the plaintiff (the plaintiff) is that the judgment of the court below is a ground for retrial under Article 451 (1) 9 of the Civil Procedure Act (the time when the judgment of the court below was unlawful or the judgment of the court below omitted on important matters affecting the judgment), since the court below determined that the grounds for appeal in the judgment of the court of final appeal did not include such grounds, and dismissed the appeal.

However, it does not constitute a legitimate ground for retrial to dismiss a final appeal due to a lack of deliberation despite the grounds falling under any of the subparagraphs of Article 4(1) of the Act on Special Cases Concerning the Procedure of Appeal. However, there is no omission of judgment as to the grounds for appeal that dismissed a final appeal without further deliberation, on the ground that the assertion of grounds for appeal as to the grounds for final appeal falls under the grounds for non-performance of deliberation as provided by the Act on Special Cases Concerning the Procedure of Appeal.

(1) In light of the above legal principles, the court below erred by misapprehending the legal principles as to the filing of a request for retrial, thereby exceeding the bounds of the principle of free evaluation of evidence, and thereby exceeding the bounds of the principle of free evaluation of evidence against the losing party.