The motion for retrial of this case is dismissed.

The litigation costs for retrial shall be borne by the plaintiff.

Article 451(1)9 of the Civil Procedure Act, "when a judgment is omitted on important matters that may affect the judgment," which are grounds for retrial under Article 451(1)9 of the same Act, refers to cases where a judgment is not clearly indicated in the reasoning of the judgment with respect to the means of attack and defense submitted by the parties in a lawsuit, which affect the judgment. As long as a judgment is rendered, the grounds leading to the judgment cannot be deemed a deviation from judgment under the above Act, even if the grounds for rejection of the parties' claims are not clearly explained or are not individually explained (see, e.g., Supreme Court Decisions 97Da278, Feb. 24, 1998; 200Da193, Jul. 6, 200). According to each of the reasons such as the judgment subject to a retrial and the judgment of the court below invoked in the same case, the omission of judgment under the above provision of the same Act can be deemed to have clearly indicated the judgment on the plaintiff's grounds for appeal.

Therefore, the retrial of this case 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 on the bench.