The request for retrial is dismissed.

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

A special appeal against a judgment is not allowed and only a retrial is allowed pursuant to Article 451 of the Civil Procedure Act. Thus, a special appeal filed by the Plaintiff (hereinafter “Plaintiff”) against the judgment subject to a retrial will be made by a retrial.

However, a lawsuit for retrial may be brought only when there exist grounds stipulated in each subparagraph of Article 451(1) of the Civil Procedure Act. Thus, the plaintiff does not assert any grounds for retrial as to the judgment subject to retrial under the above provision.

Article 451(1)9 of the Civil Procedure Act provides that “The grounds for retrial under Article 451(1)9 of the Act on Special Cases Concerning the Procedure for Appeal may not be deemed as a ground for retrial on the grounds for final appeal, and there is no omission in the determination of the grounds for final appeal on the dismissal of a final appeal without further deliberation, since the grounds for final appeal as to the grounds for final appeal may not be deemed as a ground for retrial under Article 451(1)9 of the Civil Procedure Act, since the judgment of the first instance court and the judgment of the court below on the grounds for final appeal were omitted, and there is no error

(See Supreme Court Decision 2008Da502 Decided February 12, 2009, etc.). Therefore, the request for retrial 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.