Article 422(1)9 of the Civil Procedure Act provides that "when a judgment is omitted on important matters that may affect the judgment," the meaning of "when a judgment is omitted."

The phrase “when a judgment on important matters that may affect the judgment” under Article 422(1)9 of the Civil Procedure Act refers to cases where a party does not indicate a judgment among the reasons for the judgment concerning the method of attack and defense which the party submitted in a lawsuit and which have an influence on the judgment, and as long as such judgment was made, even if there were errors in the contents of the judgment, it cannot be deemed as a omission of judgment under the above Article

Article 422(1)9 of the Civil Procedure Act; Article 14 of the Administrative Litigation Act

Supreme Court Decision 84Nu254 Delivered on September 11, 1984

The Ethical Industry Corporation

The director of the Southern Incheon District Office

Supreme Court Decision 84Nu47 delivered on April 23, 1985

The retrial lawsuit is dismissed.

Litigation costs incurred in a retrial shall be borne by the defendant.

The grounds for retrial by the defendant (the plaintiff in a retrial) shall be examined.

Article 422 (1) 9 of the Civil Procedure Act provides that "when a judgment is omitted on important matters that may affect the judgment" refers to cases where a party to a lawsuit does not indicate a judgment among the reasons for the judgment concerning the means of attack and defense that may affect the judgment, and as long as such judgment is rendered, even if there were errors in the contents of the judgment, it shall not be deemed a deviation from the judgment as referred to in the above Article 422 (1) 9 of the Act. If the reasoning for the judgment subject to review of this case is compared with that for the appellate brief, it cannot be said that there was an error of law by disregarding a judgment on important matters that may affect the judgment on the whole of the grounds for appeal. In short, the judgment subject to review of the judgment subject to review of this case is clearly stated in the appellate brief, and it cannot be accepted since the theory that the judgment subject to review was due to a failure to make a judgment on the facts of 4, 5, 4, 5 among the facts established by the court below among 1, 2, 3,

Therefore, this suit is without merit, and it is 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.

Justices O Sung-sung(Presiding Justice)