The action for retrial shall be dismissed.

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

The plaintiff (hereinafter "the plaintiff") asserts that there are grounds for retrial under Article 451 (1) 9 and 10 of the Civil Procedure Act in the judgment subject to a retrial.

First, the exercise of the right to request a trial by authority is also regulated by the principle of trust and good faith in order to protect the other party and secure judicial functions. Therefore, even though the court has rejected and confirmed the request for a retrial on several occasions due to the same reason, it would result in bullying of the other party, and further making the same request for a retrial for the clear reason that it cannot be accepted by law. Therefore, such a lawsuit shall not be allowed as it abuse the right of lawsuit, unless there are special circumstances.

(2) In light of the above legal principles, the court below erred by misapprehending the legal principles as to the retrial of this case, and by misapprehending the legal principles as to the retrial of this case, it did not err by misapprehending the legal principles as to the retrial of this case. Thus, the court below erred by misapprehending the legal principles as to the retrial of this case, and by misapprehending the legal principles as to the retrial of this case.

Therefore, we decide to dismiss the lawsuit of this case for retrial. It is so decided as per Disposition by the assent of all participating Justices.