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 the request for retrial of this case lies in the grounds for retrial under Article 451(1)9 of the Civil Procedure Act (hereinafter “when the judgment was omitted on important matters affecting the judgment”), since the judgment subject to retrial was dismissed under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal without making a judgment on the illegality of the judgment of the court below.

However, the ground for dismissing a case falling under Article 4(1) of the Act on Special Cases Concerning the Procedure of Appeal does not constitute a legitimate ground for retrial, and as long as an argument on the grounds for appeal by an original judgment constitutes a ground for rejection of a trial under the Act on Special Cases Concerning the Procedure of Appeal and dismiss a final appeal without further deliberation, it cannot be deemed that the original judgment omitted the judgment on the grounds for

(See Supreme Court Decisions 96Da325 delivered on November 22, 1996, and 2008Da502 delivered on February 12, 2009, etc.). Therefore, the retrial is dismissed, and the costs of the retrial are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.