The request for retrial is dismissed.

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

Whether there are any grounds for retrial or not.

As the grounds of appeal against the judgment of the second instance, which is a small claim, was dismissed on the ground that the grounds of appeal do not fall under any of the subparagraphs of Article 3 of the Trial of Small Claims Act, the judgment subject to a retrial contains a judgment that the allegation in the grounds of appeal does not constitute the above grounds, it cannot be deemed that the judgment

(See Supreme Court Decision 2005Ja181 Decided October 7, 2005). Therefore, there is no ground for retrial under Article 451(1)9 of the Civil Procedure Act in the instant judgment subject to a retrial.

Therefore, the retrial costs are 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.