1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Details of the disposition;

A. On November 29, 1966, the Plaintiff as the parties is a German limited company (Gssectaften mit mitbH), established for the purpose of managing an investment fund under the Investment Law of the Federal Republic of Germany (hereinafter “ Germany”).

C(C, hereinafter referred to as “C”) is a listed public model investment fund created on October 28, 2002 under the German Investment Law.

B Co., Ltd. (hereinafter “B”) was established on October 11, 199 for the purpose of leasing a building, etc., and was dissolved on July 23, 2013 after the sale in February 2012.

The plaintiff operates C and holds 100% of the shares of the above B in his own name.

B. Of the dividend income totaling KRW 25,070,060,813 (hereinafter “instant dividend income”) during the period from September 2008 to June 2012, B withheld at 5% of the limited tax rate under Article 10(2)(a) of the Convention between the Republic of Korea and the Federal Republic of Germany for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and on Capital (hereinafter “Korea- Germany Tax Treaty”), the said tax withheld at 1,139,548,219, and the local income tax of KRW 113,954,822, 23,816,57,72, excluding KRW 113,954,822, was remitted to the German bank account in C’s name.

However, on December 3, 2012, the Defendant excluded the application of the limited tax rate by 5% under Article 10(2)(a) of the Korea-Japan Tax Treaty, and rendered a disposition of collecting KRW 2,418,08,080,000,000,000,0000,0000,0000,0000,0000,0000,000,0000,000,0000,000,000,000,000,000,000,000,0000,000,000,000,000,000,0000,000,000,000,000,000,0000

(2) Article 39(1)2 of the Framework Act on National Taxes provides that “The Defendant shall use the remaining assets of B to appropriate the remaining assets of B for KRW 2,418,080,940 of the amount collected.”