The request for retrial is dismissed.

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

The grounds for request for retrial shall be examined.

The reason for the request for retrial is that there is a ground for retrial under Article 451(1)9 of the Civil Procedure Act, because it erred by omitting judgment in the judgment subject to retrial.

However, there is no omission of determination as to the grounds of appeal in the judgment subject to a retrial, on the ground that the argument on the grounds of appeal falls under a ground for non-judicial review under the Act on Special Cases Concerning the Procedure of Appeal, and thus, it cannot be deemed a ground for retrial under Article 4

(See Supreme Court Decisions 96Da479 delivered on May 7, 1997, and 2008Da502 delivered on February 12, 2009, etc.). Therefore, the retrial cost 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.