The request for retrial is dismissed.

The costs of retrial shall be borne by the Defendant (Counterclaim Plaintiff, Plaintiff for retrial).

The grounds for request for retrial shall be examined.

The Defendant (Counterclaim Plaintiff, Counterclaim Plaintiff) asserts that there exists a ground for retrial under Article 451(1)9 of the Civil Procedure Act (when the judgment was omitted on important matters that may affect the judgment) in the judgment subject to a retrial.

However, since the original judgment did not review the case in accordance with Article 4 of the Act on Special Cases Concerning the Procedure for Appeal and dismissed the final appeal, it cannot be deemed that the original judgment omitted a judgment on important matters affecting the judgment.

(1) As to the Plaintiff’s appeal, the Plaintiff’s appeal is dismissed, and the Plaintiff’s appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.