The action for retrial shall be dismissed.

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

A lawsuit for a retrial on a civil judgment may be brought only when any of the grounds prescribed in the subparagraphs of Article 451(1) of the Civil Procedure Act exists.

However, the grounds alleged by the Defendant (Plaintiff) as the grounds for retrial are merely that the original judgment or the lower judgment was erroneous, and there is no assertion as to the grounds for retrial under each of the above subparagraphs, and thus, the instant lawsuit for retrial is unlawful.

Therefore, the litigation 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.