The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

1. Article 18-3(1) of the former Corporate Tax Act (amended by Act No. 9267, Dec. 26, 2008; hereinafter the same) provides that when calculating the amount of income of a domestic corporation for each business year, the amount of dividend received from another domestic corporation invested by the relevant domestic corporation shall be included in gross income, and subparagraph 4 of Article 18-2(1) provides that where the other domestic corporation that paid dividends to the relevant domestic corporation (limited to where it is an affiliated company of the relevant domestic corporation) has invested in an affiliated company, the dividend amount equivalent to the amount calculated under the conditions as prescribed by the Presidential Decree by applying mutatis mutandis

Meanwhile, the main sentence of Article 18-2 (1) 4 of the former Corporate Tax Act provides that the portion equivalent to the amount computed by multiplying the dividend amount received from the corresponding subsidiary by the ratio prescribed by the Presidential Decree considering the amount invested by the corresponding subsidiary in an affiliate company in consideration of the amount invested by the corresponding subsidiary in the corresponding subsidiary where the corresponding subsidiary made an equity investment in the corresponding affiliate company under the Monopoly Regulation and Fair Trade Act (hereafter in this subparagraph and Article 18-3, referred to as the "affiliated company") shall be excluded from the scope of inclusion in the gross income, among the dividend amount paid by the holding company, shall be excluded from the scope of inclusion in the gross income, and the proviso provides that "if a subsidiary under Article 2 (1) 2 of

Article 18-3 (1) 4 of the former Corporate Tax Act is a provision that restricts the scope of dividend income excluded from gross income in order to restrict the expansion of affiliated companies through chain-based investments by a general domestic corporation, while the proviso to Article 18-2 (1) 4 (c) of the former Corporate Tax Act is to support smooth financial restructuring through the establishment of a financial holding company.