The action for retrial shall be dismissed.

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

The plaintiff (the plaintiff) asserts that there exists a ground for retrial under Article 451 (1) 9 of the Civil Procedure Act, which omitted judgment on the ground of appeal by the plaintiff (the plaintiff) in the original judgment, stating that "the case is reversed, and remanded to the Seoul High Court."

However, the judgment of remand by the Supreme Court does not constitute “a final judgment which becomes final and conclusive” which is subject to retrial (see Supreme Court en banc Decision 93Da27 and 34, Feb. 14, 1995; Supreme Court en banc Decision 2004Da610, Oct. 14, 2005). Thus, the lawsuit of this case where the judgment of remand by the Supreme Court is subject to a retrial is unlawful.

Therefore, the litigation of this case is dismissed, and the costs of the retrial are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.