Securities code: 603030 securities abbreviation: Shanghai Trendzone Holdings Group Co.Ltd(603030) Announcement No.: lin2022-005 bond Code: 113578 bond abbreviation: Quanzhu convertible bond
Shanghai Trendzone Holdings Group Co.Ltd(603030)
Announcement on the progress of litigation filed by the company
The board of directors and all directors of the company guarantee that there are no false records, misleading statements or major omissions in the contents of this announcement, and bear individual and joint liabilities for the authenticity, accuracy and completeness of its contents. Important content tips:
The litigation stage of the case: some cases have been filed and have not yet been heard; Partial first instance judgment
Party status of listed company: plaintiff
New amount involved: the plaintiff told the defendant to pay a total of 169.2361 million yuan of project price and overdue payment interest, and bear the litigation costs related to the case; The plaintiff told the defendant to return the house purchase money and overdue payment interest totaling 28.5072 million yuan and bear the litigation costs related to the case. The total amount involved in the new case was 197743300 yuan.
Impact on Listed Companies: in view of the fact that most cases of the company’s lawsuit against Evergrande Real Estate Group Co., Ltd. and its related member enterprises have not been settled, the company is unable to accurately judge the impact on the company’s profits in the current period or after the period.
1、 Basic information of new litigation acceptance
The company and its wholly-owned subsidiary Shanghai Quanzhu Decoration Co., Ltd. (hereinafter referred to as “Quanzhu decoration”) and Evergrande Real Estate Group Co., Ltd. and its related member enterprises have filed lawsuits in many courts for disputes over project funds and housing sales contracts. From the previous disclosure of the announcement on the company’s lawsuit against Evergrande and its related member enterprises (Announcement No.: p.2021-069) to January 28, 2022, the company has successively received the notice on accepting cases of 134 lawsuits from the court. The specific announcement is as follows:
2、 Basic information of new litigation cases
(I) completed project construction contract with Evergrande Real Estate Group Co., Ltd. and its related member enterprises
1. Parties to the proceedings
Plaintiff: Shanghai Trendzone Holdings Group Co.Ltd(603030) , Shanghai Quanzhu Decoration Co., Ltd
Defendant: Evergrande Real Estate Group Co., Ltd. and its related member enterprises (including but not limited to Evergrande Changji (Shenyang) Real Estate Co., Ltd., laishuihua Real Estate Development Co., Ltd., Qinhuangdao hengying Real Estate Development Co., Ltd., Chongqing Evergrande Xinquan Real Estate Co., Ltd., Shijiazhuang Weixuan Real Estate Development Co., Ltd.) court of acceptance: Guangzhou Huangpu District People’s court Shenyang Yuhong District People’s court, Chongqing Yubei District People’s court, Zhenjiang Yangzhong people’s court, Shanghai Qingpu District People’s court, etc
2. Main facts and reasons
The plaintiff and the defendant signed the project construction contract, which agreed that the plaintiff should contract the defendant’s project. After the settlement of the project, the defendant should pay the project cost according to the contract. The plaintiff completed the project construction according to the contract and passed the completion acceptance. The defendant has settled the project involved. According to the contract, the defendant shall pay the project settlement to the plaintiff within 30 days after the completion acceptance of the project and settlement. As of the date of prosecution, the defendant still owed a total of RMB 169236100 yuan for the project cost. In order to protect the legitimate rights and interests of the plaintiff, the defendant filed a lawsuit with the court and asked the court to support the plaintiff’s claim.
3. Claims:
(1) Request the court to order the defendant to pay the plaintiff the total project price of RMB 169236100 and the interest on overdue payment;
(2) Request the court to order the plaintiff to enjoy the priority right of compensation for the discount or auction or sale price of the project under construction within the scope of the project funds owed by the defendant;
(3) Request the court to order that all litigation costs of this case (including but not limited to case acceptance fee, preservation fee, litigation preservation guarantee fee and lawyer fee) shall be borne by the defendant.
(II) disputes over housing sales contracts with Evergrande real estate group and its related member enterprises (1 case)
1. Parties to the proceedings
Plaintiff: Shanghai Quanzhu Decoration Co., Ltd
Defendant 1: Guangzhou Panyu Ruixin Real Estate Development Co., Ltd
Defendant 2: Guangzhou Panyu Ruimiao Real Estate Development Co., Ltd
Defendant 3: Evergrande Real Estate Group Co., Ltd
Court of acceptance: Guangzhou Panyu District People’s court
2. Main facts and reasons
Some project companies associated with Evergrande group issued commercial bills to the plaintiff based on the project funds payable to the plaintiff. In order to solve the payable debts of the above bills, Evergrande Real Estate Group Co., Ltd. put forward the house mortgage scheme, which was proposed by the defendant I The defendant 2 provided 110 houses (hereinafter referred to as the houses involved) in total from 13 buildings to 17 buildings of Guangzhou Evergrande Guanjun Zhiguang (Evergrande triumph Plaza) developed by the defendant 2 to pay off the aforesaid bill payment owed to the plaintiff by some project companies associated with Evergrande group. Therefore, the plaintiff and the two defendants signed a commercial house subscription letter on the aforesaid houses involved in the case in 2021. Based on this, The plaintiff settled the bills with a total amount of 74694532.47 yuan in the e-commercial ticket system according to the defendant’s instructions, and paid the cash intention money according to the defendant’s requirements, which is deemed that the two defendants have received all the house purchase money of the house involved. Later, the defendant informed that he could not continue to perform the above-mentioned arrival matters. However, the plaintiff had to cooperate with the check-out procedures, but the defendant did not return the house purchase money in full. Among them, 46631462.05 yuan, which should be returned by the defendant, has been separately used for the arrival of Chengdu Central Plaza through negotiation between the plaintiff and the defendant. The remaining house purchase money of 28063070.42 yuan has not been returned by the defendant so far, The plaintiff failed to make repeated calls. According to paragraph 4 of Article 24 of the judicial interpretation of the Supreme Court on sales contracts, the plaintiff has the right to claim interest from the defendant according to twice the overdue penalty interest rate. The plaintiff believed that the subscription letter signed by the plaintiff and the defendant was established and came into force according to law. If the plaintiff had paid all the house purchase money and the defendant terminated the contract, the defendant was obliged to return the house purchase money in full, but the defendant refused to perform the refund obligation, which constituted a serious breach of contract and caused significant economic losses to the plaintiff. Now, in order to safeguard their legitimate rights and interests, we hereby file a lawsuit to the court and request the court to support the plaintiff’s claim according to law.
3. Claims
(1) Request the defendant to return the purchase price totaling 28063070.42 yuan;
(2) Request to order the defendant to pay the plaintiff interest of 444176.05 yuan (based on 28063070.42 yuan, calculated from August 2, 2021 to the date of actual repayment, tentatively to November 9, 2021, calculated according to the standard of LPR * 2 times);
(3) The legal costs of this case shall be borne by the defendant.
3、 Progress of disclosed litigation and new litigation cases
(I) according to the civil judgment recently received by the company, the court has concluded the trial of 107 litigation cases initiated by the company and Quanzhu decoration against Evergrande Real Estate Group Co., Ltd. and its related member enterprises and made a judgment of first instance. The relevant information is as follows:
1. The defendant shall pay the plaintiff the project price and a total of 65.5113 million yuan and overdue payment interest within 10 days from the effective date of the judgment
2. Within the scope of the total project payment owed by the defendant of 34.2873 million yuan, the plaintiff has the priority to be compensated for the discount or auction or sale price of the project involved
3. The relevant acceptance fees and preservation fees involved in the case shall be jointly borne by all parties
4. Reject other claims of the plaintiff
(II) according to the civil mediation statement and civil ruling recently received by the company, the court has made mediation confirmation on 10 litigation cases initiated by the company and Quanzhu decoration to Evergrande Real Estate Group Co., Ltd. and its relevant member enterprises.
The relevant information is as follows:
1. The defendant shall pay the plaintiff the total project price of 3699400 yuan before the date specified in the mediation agreement
2. The relevant acceptance fees and preservation fees involved in the case shall be jointly borne by all parties
As of the disclosure date of the announcement, the total amount involved in the lawsuit initiated by the company and Quanzhu decoration to Evergrande Real Estate Group Co., Ltd. and its related member enterprises was 435660500 yuan, including 65.5113 million yuan supported by the court of first instance and 94.9382 million yuan involved; The court has made mediation to confirm the repayment amount of RMB 3.6994 million, corresponding to the amount involved in the case of RMB 4.3953 million.
4、 The impact of the lawsuit announced this time on the company’s profits in the current period or after the period
According to the relevant provisions of the reply of the Supreme People’s Court on whether the decoration project funds enjoy the priority of compensation stipulated in Article 286 of the contract law and the interpretation of the Supreme People’s Court on the applicable legal issues in the trial of construction contract disputes (I), the decoration project belongs to the construction project and enjoys the priority of compensation. In order to protect the legitimate rights and interests of the company and confirm as soon as possible that the company enjoys the priority of compensation for construction projects related to Evergrande, the company has successively filed lawsuits against Evergrande and its related member enterprises.
In view of the fact that most cases of the company’s lawsuit against Evergrande Real Estate Group Co., Ltd. and its related member enterprises have not been closed yet, the company is unable to accurately judge the impact on the company’s current or future profits, the company will conduct corresponding accounting treatment according to the subsequent progress of the case and the relevant requirements of accounting standards.
The company is actively taking judicial proceedings, government coordination and other ways to solve Evergrande’s receivables, and will do its best to protect the legitimate rights and interests of the company and all shareholders. The follow-up company will pay close attention to and regularly disclose the progress of litigation related to Evergrande. Please pay attention to investment risks.
It is hereby announced.
Shanghai Trendzone Holdings Group Co.Ltd(603030) board of directors January 29, 2022
enclosure:
Statistical table of cases with a filing amount of more than 10 million yuan
No. plaintiff / applicant / defendant / respondent of the acceptance court filing amount (10000 yuan filing time)
Ruixin real estate, Panyu District, Guangzhou
1 2022 / 1 / 4 Quanzhu decoration Development Co., Ltd. and Guangzhou Panyu housing sales contract dispute 2850.72 have not yet been heard. Ruimiao Real Estate Development Co., Ltd
Evergrande Real Estate Group Co., Ltd
