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 retrial of this case lies in the purport that there are grounds for retrial under Article 451(1)9 of the Civil Procedure Act in the judgment subject to retrial.

However, there is no omission in the determination of the grounds of appeal in the judgment subject to a retrial, which dismissed a final appeal due to a lack of deliberation. Thus, this cannot be considered as grounds for retrial under Article 451(1)9 of the Civil Procedure

(2) In light of the above legal principles, the court below erred by misapprehending the legal principles on the grounds that the court below did not err by misapprehending the legal principles on the grounds that the court below did not err by misapprehending the legal principles on the grounds that the court below did not err by misapprehending the legal principles on the grounds of appeal.