The request for retrial is dismissed.

The litigation costs for retrial shall be borne by the plaintiff (the plaintiff, the selected party).

We examine the reasons for retrial.

The plaintiff (the plaintiff and the appointed party) asserts that the judgment subject to a retrial constitutes a ground for retrial under Article 451 (1) 9 of the Civil Procedure Act, even though there were errors of interpretation contrary to the previous Supreme Court precedents, such as Supreme Court Decision 98Da4342 Decided March 9, 199, and that the judgment subject to a retrial constitutes a ground for retrial under Article 451 (1) 9 of the Civil Procedure Act.

However, there is no omission of determination as to the grounds of appeal in a judgment dismissing the appeal without further deliberation, considering that the assertion on the grounds of appeal as to the grounds of appeal falls under the grounds of non-judicial review under the Act on Special Cases Concerning the Procedure of Appeal, and thus, it cannot be deemed as grounds for retrial under Article 451

(See Supreme Court Decisions 95Nu176 delivered on February 13, 1996, 2008Da502 delivered on February 12, 2009, etc.). Therefore, the request for 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.