A. On September 9, 2015, this Court appointed the Plaintiff as a bankruptcy trustee upon receiving a petition for bankruptcy (2015Hahap40) by A Co., Ltd. (hereinafter referred to as “A”) (hereinafter referred to as “A”).

B. The defendant operated freezing fishery products distributors in the trade name of D, and did not pay KRW 159,835,229 out of the proceeds of freezing fishery products supplied by A before the date of the above declaration of bankruptcy.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings

2. Based on the facts of the determination as to the cause of the instant claim, the Defendant is obligated to pay to the Plaintiff interest calculated at the rate of 15% per annum under the Commercial Act from September 9, 2015 to May 18, 2016, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., until full payment is made, as the Plaintiff seeks.

3. Defendant’s assertion and judgment

A. 1) Defendant and E concurrently use the trade name of “D”, but the purchased warehouse or goods are different from each other, and the goods were supplied by “A” with good knowledge. Of the goods price claimed by the Plaintiff, 143,004,029 won for freezing fishery products that the Defendant failed to pay to A, and the remainder is unpaid, so the Plaintiff’s claim cannot be accepted prior to the above Defendant’s payment. 2) A or F, a telegraphic carrier, even though it was a condition for delivery with 7% profits in the supply of freezing fishery products to the Defendant, the Defendant was aware of the fact that the goods were supplied with 13% profits, and thus, the Defendant agreed to offset the total amount of the outstanding goods price for the Defendant’s goods against the annual profit accrued by “A”. Thus, the Plaintiff’s claim cannot be accepted.

3 The money that the defendant can use is merely 3.59 million won per month, while the defendant is an intermediate merchant.