The request for retrial is dismissed.

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

The grounds for request for retrial shall be examined.

The gist of the grounds for the instant petition for retrial is that, inasmuch as the Plaintiff’s judgment subject to a retrial was dismissed on the grounds that the Plaintiff did not assert the grounds stipulated in Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, the grounds for retrial under Article 451(1)9 of the Civil Procedure Act exist, and most of the claims for restitution of unjust enrichment and the claims for damages were not accepted on the grounds that lack of evidence even though

However, there is no omission of determination as to the grounds of appeal in a judgment dismissing the appeal without further deliberation on the ground of appeal that the assertion on the grounds of appeal falls under the grounds of non-judicial review under the Act on Special Cases Concerning the Procedure for Appeal, and thus, it cannot be considered as grounds for retrial under Article 451(1)9 of the Civil Procedure Act (see, e.g., Supreme Court Decisions 95Nu176, Feb. 13, 1996; 2008Da502, Feb. 12, 2009). The remainder of the grounds of appeal by the Plaintiff does not constitute grounds for retrial under any subparagraph of Article 451(1) of the Civil Procedure Act.

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.