The request for retrial is dismissed.

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

The grounds for request for retrial shall be examined.

The supplementary intervenor cannot conduct any procedural acts that may not be done by the original party according to the progress of the lawsuit at the time of the participation of the supplementary intervenor (proviso of Article 76 (1) of the Civil Procedure Act). If the supplementary intervenor files a statement of grounds of appeal from the time when the notice of receipt of the report of grounds of appeal is served to the supplementary intervenor, even if the period for submission is reckoned from the time when the notice of receipt of the report of grounds of appeal is served to the supplementary intervenor, the supplementary intervenor’s grounds of

(2) Article 451(1)9 of the Civil Procedure Act (see, e.g., Supreme Court Decision 2007Da41966, Sept. 6, 2007). Examining the record in light of the above legal principles, it is difficult to recognize that there was a ground for retrial under Article 451(1)9 of the Civil Procedure Act (see, e.g., Supreme Court Decision 2007Da4196

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.