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 (the plaintiff) asserts that there is a ground for retrial under Article 451 (1) 9 of the Civil Procedure Act (when the decision was omitted on important matters that may affect the judgment) in the decision subject to a retrial.

However, there is no omission in the judgment for retrial that dismissed a final appeal due to a lack of deliberation. Therefore, the grounds for retrial cannot be considered as grounds for retrial.

(See Supreme Court Decision 95Nu176 delivered on February 13, 1996, etc.). 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.