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 a retrial is that the grounds for a retrial under Article 451(1)9 of the Civil Procedure Act exists in the judgment subject to a retrial, since the grounds for a final appeal against the judgment by the lower court fall under Article 4(1)1, 3, and 5 of the Act on Special Cases Concerning the Procedure for Appeal, and the deliberation should continue. However, the judgment subject to a retrial did not render any judgment on the grounds for a final appeal by dismissing

However, there is no legitimate ground for retrial that the appeal was dismissed due to the rejection of the case falling under Article 4 (1) 1, 3, and 5 of the Act on Special Cases Concerning the Procedure of Appeal.

In addition, it cannot be said that there is any omission in the judgment subject to a retrial, which dismissed a final appeal due to a lack of deliberation, as a ground for retrial under Article 451 (1) 9 of the Civil Procedure Act (when the judgment was omitted on important matters that may affect the judgment), it cannot be said that

(See Supreme Court Decisions 95Nu176 delivered on February 13, 1996, 2008Da502 delivered on February 12, 2009, etc.). Therefore, the retrial of this case 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.