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 a retrial asserted by the Plaintiff (Plaintiff) is that there are grounds for retrial under Article 451(1)9 of the Civil Procedure Act, even though the judgment of the lower court on the grounds of appeal on the grounds of Article 4(1)3 of the Act on Special Cases Concerning the Procedure for Appeal, the judgment subject to a retrial is deemed to fall under the grounds for non-performance of hearing and dismissed the appeal, thereby omitting judgment on important matters that affect the judgment alleged in the grounds for appeal

However, there is no omission of determination as to the grounds of appeal in a judgment dismissing the appeal without further deliberation, considering that the assertion on the grounds of appeal as to the grounds of appeal falls under the grounds of non-judicial review under the Act on Special Cases Concerning the Procedure of Appeal, and thus, it cannot be deemed as grounds for retrial under Article 451

(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.