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 gist of the grounds for request for retrial is as follows:

The judgment of the first instance court and the judgment of the court below in the judgment subject to a retrial are interpreted in conflict with the Supreme Court precedents and have omitted the judgment on important matters that may affect the judgment, and conflict with the reasons for the judgment

Nevertheless, there is a ground for retrial since the judgment subject to a retrial did not render any judgment by dismissing the final appeal due to a lack of deliberation.

The reason why the appeal is dismissed due to the non-examination of the case falling under Article 4 (1) 3 and 5 of the Act on Special Cases concerning the Procedure of Appeal is not a legitimate ground for retrial.

Inasmuch as the assertion on the grounds of appeal as to the grounds of final appeal falls under a ground for non-judicial review under the Act on Special Cases Concerning the Procedure for Appeal, the judgment dismissing the final appeal cannot be deemed as omitting the determination on the grounds of final appeal. Therefore, it cannot be said that the grounds for final appeal under Article 451(1)9 of the Civil Procedure Act applied mutatis mutandis

(1) The Supreme Court Decisions 208Reda502 Decided February 12, 2009, and 2016Redu5056 Decided July 18, 2017, etc. Therefore, the retrial costs are dismissed and the costs of retrial costs are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.