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 plaintiff (the plaintiff) asserts that there is a ground for retrial under Article 451 (1) 9 of the Civil Procedure Act (when the decision was omitted on important matters that may affect the judgment) in the decision subject to a retrial.

However, there is no omission of judgment as to the grounds of appeal in the judgment subject to a retrial, which dismissed the appeal on the ground that the assertion on the grounds of appeal constitutes a ground for non-judicial action under the Act on Special Cases concerning the Procedure for Trial by the Supreme Court (see, e.g., Supreme Court Decision 95Nu176, Feb. 13, 1996). Therefore, the retrial costs are dismissed, and the costs of retrial costs are assessed against the losing party.