The request for retrial is dismissed.

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

1. According to the records on the existence or absence of grounds for retrial, the lower court of the judgment subject to retrial stated that when a petition of appeal was submitted by the defendant (the defendant for retrial; hereinafter "the defendant"), the plaintiff (the plaintiff for retrial; hereinafter "the plaintiff") still remains due to the deadline for submission of the petition of appeal, and thereafter, upon the plaintiff's submission of the petition of appeal and the petition of delegation of lawsuit from the plaintiff, the court below sent it to the Supreme Court. On December 21, 2016, a junior administrative officer of the Supreme Court delivered the notice of receipt of the records of appeal to the plaintiff and the petition of appeal submitted by the defendant. The plaintiff received it on December 21, 2016. The notice of receipt of the records of appeal received by the plaintiff was indicated as "Appellee," and the main text of the notice of receipt of records of appeal as "the defendant may be dismissed if the plaintiff did not submit the appellate brief within 20 days from the date on which the appellant received the notice of appeal," stating that "the plaintiff's appellate brief was not received within 20 days from the plaintiff's appellant's appellant."