The request for retrial is dismissed.

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

The grounds for retrial shall be examined.

Where a lawsuit for retrial was instituted, the court shall first consider whether the lawsuit for retrial was legitimate before determining the existence or absence of the grounds for retrial, and shall reject the lawsuit for retrial without the need to decide on the existence or absence of the grounds for retrial, if it fails to meet the lawful requirements.

In such a case, failure to determine the existence or absence of the grounds for retrial shall not be deemed to constitute omission of judgment.

According to the records, the plaintiff (the plaintiff, hereinafter "the plaintiff") asserted that there exists a ground for retrial under Article 451 (1) 9 of the Civil Procedure Act against the Supreme Court's judgment of remanding the case of the Supreme Court 2010Da2176. However, the judgment of remanding the Supreme Court is based on the ground that the judgment does not constitute "a final judgment which became final and conclusive" which is the object of retrial, and the judgment of rejection is considered as the judgment subject to retrial, and there is a ground for retrial under Article 451 (1) 9 of the Civil Procedure Act. Accordingly,

Examining this in light of the aforementioned legal principles, it cannot be said that there was an omission of judgment on the ground that the Plaintiff did not decide on the existence of grounds for retrial as alleged by the Plaintiff in the judgment subject to review.

Therefore, the grounds for retrial under Article 451(1)9 of the Civil Procedure Act cannot be deemed to exist in the judgment subject to retrial. Therefore, the grounds for retrial on a different premise are without merit.

In addition, the contents of the Plaintiff’s assertion in the grounds for retrial are merely the content that the court that received the case after remanding according to the Supreme Court’s judgment on remanding the case, and it is not the content that the Plaintiff may dispute as a petition for retrial against the judgment subject to retrial.

Therefore, the retrial costs are dismissed, and the costs of retrial are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.