A. The Plaintiff received dividends (the dividend accrued after 2009 out of the above dividends) from a limited company of the Korea-China Machinery Industry established by the Plaintiff from the People’s Republic of China (hereinafter “China”), which is a local subsidiary of the Plaintiff, as a corporation engaging in the business of manufacturing mother parts (hereinafter “China”), and filed a corporate tax with the Defendant applying the withholding tax rate of 10% to the dividends accrued before 2008 and the withholding tax rate of 5% to the dividends accrued before 2008.

Dividends on the date of dividends in the business year 2008 KRW 345,436,515 won in total,345,781,542,00 won in September 14, 2012, 201, 201, the dividends in the business year 2009, KRW 2,235,480,00 in total,345,702,40,436,515 won in March 15, 2013, 201,

B. According to Article 5(1) of the Protocol B (hereinafter “instant Protocol”) between the Republic of Korea and the People’s Republic of China for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income (hereinafter “instant Treaty”), the Plaintiff filed a claim for correction against the Defendant for the total amount of corporate tax of KRW 289,754,00 (sub 11,74,000 for the business year 201) (sub 89,09,000 for KRW 89,09,00,000 for the business year 2012, 2013 pro rata8,89,890,90,000,000 for KRW 89,890,890,000 for the business year 2013 (hereinafter “instant claim for correction”). < Amended by Act No. 13300, Mar. 31, 2015>

C. On May 29, 2015, the Defendant notified the Plaintiff of his refusal of the instant claim for correction on the ground that the Plaintiff’s paid-in foreign tax amount deemed to be a foreign tax credit under Article 10(2) of the Treaty was subject to the limited tax rate under Article 10(2) of the Corporate Tax Act, and the said foreign tax amount was not subject to foreign tax credit under Article 57(3)