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 Plaintiff (hereinafter “Plaintiff”) asserts that there exists a ground for retrial under Article 451(1)8 and 9 of the Civil Procedure Act in the judgment subject to a retrial.

When a civil or criminal judgment or any other judgment or administrative disposition, which forms the basis for a cause for a retrial under Article 451(1)8 of the Civil Procedure Act, has been altered by a different judgment or administrative disposition, the term "" refers to the cases where a final judgment legally binding, or a judgment or administrative disposition, which is a basis for a retrial under Article 451(1)8 of the Civil Procedure Act, has become final and conclusive by another judgment or administrative disposition,

(See Supreme Court Decision 94Da33897 delivered on November 25, 1994, etc.). Therefore, the judgment of the first instance that the issue is identical to the Plaintiff’s assertion in a similar related case cannot be deemed as a ground for retrial in the judgment subject to retrial solely on the ground that the judgment of the first instance was rendered.

Furthermore, in a case where an argument on the grounds of appeal on the grounds of final appeal is dismissed on the grounds that the grounds of final appeal constituted a ground for non-trial deliberation under the Act on Special Cases Concerning the Procedure for Appeal, it shall not be deemed that there was an omission in judgment on the grounds of final appeal (see, e.g., Supreme Court Decision 95Nu176, Feb. 13, 1996). Therefore, the grounds for final appeal under Article 451(1)9 of the Civil

Therefore, by the assent of all participating Justices, the request for retrial is dismissed, and the costs of retrial are assessed against the losing party. It is so decided as per Disposition.