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 considered.

According to records, the judgment subject to review was dismissed on the ground that the plaintiff did not state the grounds for appeal in the petition of appeal and did not submit a statement of grounds for appeal within the statutory period.

Therefore, the grounds for retrial under Article 451(1)9 of the Civil Procedure Act cannot be deemed as grounds for retrial, on the ground that the appellate brief submitted after the statutory period expired did not make any judgment on the grounds that there was no judgment on the grounds for retrial, thereby omitting any judgment on important matters that may affect the judgment.

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.