1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Facts of recognition;

A. On November 2, 2017, the Plaintiff concluded a loan agreement with the Defendant and the Busan-gu building located in B (hereinafter “instant building”) for the lease period of the fourth floor from November 2, 2017 to November 1, 2022, with a loan deposit of KRW 11,597,300, annual rent of KRW 8,110,000 (Additional Tax) (hereinafter “the instant loan agreement”).

B. Since then, the Plaintiff paid a loan deposit and annual rent, and completed electric replacement construction and partitions construction in order to use the fourth floor of the instant building for the office’s purpose.

C. While the Plaintiff was preparing for operating the office, the non-party lessee, who concluded a loan agreement with the Defendant on the first and third floors of the instant building, sought consent to the remodeling construction of the first and third floors of the instant building to the Plaintiff, and the Plaintiff agreed that the construction period is less than the month.

However, the non-party lessee suspended the remodeling work in the middle of the remodeling, which led to this, the building of this case was left alone in the outer wall of the remodeling for remodeling.

These conditions continued until November 1, 2018, the deadline for the use of the existing loan charges.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff leased the fourth floor of the instant building from the Defendant, but failed to use and make profits from the leased part due to the construction of the lessee. The Defendant asserts that the Plaintiff should compensate the Plaintiff for damages equivalent to the annual rent paid.

B. However, in full view of the facts of the above recognition and the purport of the entire pleadings, the Plaintiff was delivered by the Defendant to use and profit from the fourth floor of the instant building, but the Plaintiff consented to the remodelling work of Nonparty lessee, and subsequently leased due to the execution and discontinuance of the construction work.