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.

1. The plaintiff (the plaintiff) asserts that there is a ground for a retrial of "when the decision subject to a retrial omitted a decision on important matters that could affect the judgment" under Article 451 (1) 9 of the Civil Procedure Act. However, the argument on the ground for appeal as to the ground for a retrial constitutes a ground for non-examination under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal and dismissed the appeal without further deliberation. Thus, it cannot be said that the plaintiff omitted a decision on important matters

(2) The grounds for retrial under Article 451(1)10 of the Civil Procedure Act are established in order to coordinate conflicts between the res judicata effect of a final judgment subject to retrial and that of a final judgment rendered prior to the final judgment, and thus, “where a final judgment prior to the final judgment to bring a retrial is contrary to a final judgment rendered prior to the final judgment” refers to cases where the effect of a final judgment rendered prior to the final judgment affects the parties to the judgment subject to retrial and where both rulings conflict with. On the contrary of the parties, if res judicata effect of such judgment does not affect the parties to the judgment subject to retrial, such grounds for retrial cannot be deemed as constituting such grounds for retrial.

(see, e.g., Supreme Court en banc Decision 2011Da1999, Jul. 21, 2011). The Plaintiff (Plaintiff) asserts that there exist grounds for a retrial under Article 451(1)10 of the Civil Procedure Act in the judgment subject to a retrial. However, there is no ground to deem that the judgment subject to a retrial was inconsistent with the final judgment rendered before the judgment subject to a retrial was rendered, and thus, the Plaintiff (Plaintiff)’

3. Therefore, the retrial is 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 on the bench.