The request for retrial is dismissed.

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

The grounds for request for retrial shall be examined.

The gist of the grounds for a retrial asserted by the Plaintiff (Plaintiff) is that there exists a ground for a retrial under Article 451(1)9 of the Civil Procedure Act, by omitting any judgment on important matters that may affect the judgment, and that there exists a ground for a retrial under Article 451(1)9 of the Civil Procedure Act, even though the lower judgment alleged in the grounds for appeal on the grounds of appeal on the grounds of Article 4(1)2 of the Act on Special Cases Concerning the Procedure for Appeal of the Supreme Court, the grounds for a retrial have been dismissed since it was determined that the grounds for appeal on the grounds for a retrial constituted a ground for

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, e.g., Supreme Court Decision 2008Da502, Feb. 12, 2009). Moreover, the grounds for dismissing a case falling under any of the subparagraphs of Article 4(1) of the Act on Special Cases Concerning the Procedure of Appeal by the Supreme Court are not legitimate grounds for retrial.

Furthermore, even if examining records, there is no circumstance to acknowledge the grounds for retrial under Article 451(1)7 and (2) of the Civil Procedure Act in the judgment subject to retrial.

Therefore, the retrial costs are 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.