(영문) 서울서부지방법원 2017.11.28 2017나876



1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.


1. On August 21, 2015, the court of first instance rendered a judgment in favor of the Plaintiff on the entirety of the Plaintiff on August 21, 2015 after serving the Defendant with a copy of the complaint and other documents related to the lawsuit by public notice, and served the original copy of the judgment on the Defendant by public notice. On February 16, 2017, the Defendant became aware of the fact that the first instance judgment was served by public notice at around that time after serving the property name decision (Seoul Northern District Court 2017Kao314) on February 16, 2017, and that the Defendant filed the instant appeal on March 2, 2017, clearly and clearly by record.

Thus, the defendant was unable to comply with the appeal period because he was unaware of the progress and result of the lawsuit due to a cause not attributable to himself, and the appeal of this case filed within two weeks from the time the defendant became aware that the judgment of the court of first instance was served by service by public notice was lawful.

2. Judgment on the merits

A. (1) The Plaintiff’s assertion (1) supplied goods to C Hospital located in Gangnam-gu Seoul Metropolitan Government, Seoul, from February 16, 2012 to January 28, 2013, and did not receive KRW 5,618,250 out of the price of goods. The Defendant is obligated to pay the said money to the Plaintiff.

(2) The Defendant’s assertion that the Defendant transferred C Hospital to D on May 11, 2012, and thus, the Defendant did not have a duty to pay the price of the goods since D took over the price of the goods at an exemption from liability.

Furthermore, as long as D continues to use the trade name of the C Hospital, the obligation to pay for the goods was extinguished at the expiration of two years after the transfer of the business. Therefore, the Defendant is not obliged to pay for the goods.

B. In full view of the overall purport of the statements and arguments by Gap 1 through 3 as to the cause of the claim, the plaintiff supplied C Hospital located in Gangnam-gu Seoul Metropolitan Government with 3,564,000 won around February 16, 2012, and 10,518,750 won around May 2, 2012, and 5,618,250 won (hereinafter “the price of the instant goods”).