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All requests for retrial are dismissed.
The costs of retrial shall be borne by the plaintiff (Plaintiffs for retrial).
Reasons
The grounds for request for retrial shall be examined.
The plaintiff (the plaintiff) asserts that there are grounds for retrial under Article 451 (1) 9 of the Civil Procedure Act (when the decision was omitted on important matters that may affect the judgment) in the judgment subject to retrial.
However, there is no omission of determination as to the grounds of appeal in the judgment subject to a final appeal, on the ground that the argument on the grounds of appeal constitutes a ground for non-judicial review under the Special Act on
(see, e.g., Supreme Court Decision 95Nu176, Feb. 13, 1996). Other grounds asserted by the Plaintiff (Plaintiffs) do not constitute any of the grounds for a retrial under each subparagraph of Article 451(1) of the Civil Procedure Act. There are no data to acknowledge that there was an error falling under the grounds for a retrial under the said provision.
Therefore, all of the appeals are 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.