Of the part concerning the counterclaim of the first instance judgment, the Plaintiff (Counterclaim Defendant) who exceeds the following amount ordered to pay.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The defendant is a person who operates a substitute stone sales and construction company under the trade name of "C".

B. Upon receiving a request from the Plaintiff for construction from the Plaintiff as a white substitute with no pattern, the Defendant: (a) provided that D (hereinafter “D”) owned the above substitute seat; (b) provided that the Plaintiff was informed of D’s address and telephone number; and (c) on November 2, 2018, the Plaintiff visited D factory independently and selected substitute seat and received the sample.

C. On November 6, 2018, the Plaintiff entered into a contract with the Defendant on the part of the Plaintiff’s dwelling site construction work (hereinafter “instant construction work”) located in Ansan-si E (hereinafter “instant contract”) with the Defendant as the contract cycle.

On November 9, 2018, the Plaintiff remitted KRW 11 million to the Defendant. On November 12, 2018, the Defendant deposited KRW 12.1 million (including value-added tax) in D on November 12, 2018, and distributed D’s substitute seat (hereinafter “instant substitute seat”) to the Plaintiff’s residence on November 13, 2018.

E. On November 13, 2018, the Defendant continued the instant construction as the instant substitute site. However, the Plaintiff demanded the discontinuance of construction on the ground that the instant substitute site was different from the sampling site site. The construction was suspended on November 14, 2018.

F. On November 15, 2018, the Plaintiff sent to the Defendant a certificate of content that contains the content that the contract of this case was rescinded due to the defect in the instant substitute seat, and the said content certification was delivered to the Defendant around that time.

G. Since then, the Plaintiff removed the part executed by the Defendant as the instant substitute seat, and had another constructor complete the construction with a new substitute seat.

H. Meanwhile, the term and proportion of the construction discontinuance of the instant case is 50%.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2 and 5, the purport of the whole pleadings

2. Determination on the main claim

A. The plaintiff 1.