1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Claim:

1. The reasons why a member of the party states this part of the facts of recognition are as stated in the corresponding column of the judgment of the court of first instance. Thus, this part is cited by the main text of Article 420 of the Civil Procedure

2. The reasons why the plaintiff's alleged party member should explain this part are as stated in the corresponding column among the reasons for the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of

3. Determination

A. (1) Whether the agreement in this case is cancelled or not (1) a settlement agreement, such as the agreement in this case, is terminated, barring any special circumstance, pursuant to the original effect (Article 732 of the Civil Act), barring any special circumstance, the relationship of rights and obligations based on the previous legal relationship. Thus, the parties to the contract are not bound by the previous legal relationship, and there is a new legal relationship under the settlement agreement without asking whether the previous legal relationship has arisen (see Supreme Court Decision 92Da25335, Sept. 22, 1992). Accordingly, when a new legal relationship is established due to the formation of the settlement agreement, the implementation thereof is completed and there is no room for a problem

Therefore, if there is a breach of obligation under the legal relationship newly created by a settlement agreement, the other party can seek the performance of the new obligation or cancel the new legal relationship created by the cause of the nonperformance of the new obligation or seek compensation for the damages.

The settlement contract itself cannot be rescinded on the ground of the non-performance of debt according to the new legal relationship.

(2) Therefore, we can find that the Defendants’ non-performance of obligations under the instant agreement, which the Plaintiff took place as the cause of the rescission, is merely a default on obligations arising out of a new legal relationship arising out of the instant agreement, and the instant agreement itself may be rescinded, not under special circumstances, and otherwise, there are special circumstances that may rescind the instant agreement itself.