Securities code: 603322 securities abbreviation: Super Telecom Co.Ltd(603322) Announcement No.: 2022-016 Super Telecom Co.Ltd(603322)
Progress and litigation related announcement on illegal guarantee
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: case 1 and case 2 are in the acceptance stage of the court and have not yet been heard. Party status of subsidiaries and subsidiaries: defendant
Amount involved:
Case 1: tiaobingshan branch of Tieling bank requested the court to order tiaobingshan Hongding Taisong Real Estate Development Co., Ltd. to pay about 231 million yuan of loan principal and interest, as well as preservation fees, litigation fees and other related expenses. Sangrui electronics, Minsheng intelligence and other defendants shall be jointly and severally liable for the above expenses.
Case 2: Hongqi sub branch of Tieling bank requested the court to order tiaobingshan Shuntong Coal Industry Co., Ltd. to pay about 203 million yuan of loan principal and interest, preservation fees, litigation fees and other related expenses. Sangrui electronics and other defendants shall be jointly and severally liable for the above expenses.
Whether it will have a negative impact on the profits and losses of listed companies: the guarantees involved in the above litigation cases are illegal guarantees signed by Meng fanding, the legal representative / Chairman / Executive Director of Sangrui electronics and Minsheng intelligence, which have not been deliberated and disclosed by the company’s board of directors / general meeting of shareholders, According to Article 9 of the interpretation of the Supreme People’s Court on the application of the relevant guarantee system of the civil code of the people’s Republic of China, this guarantee is invalid. At present, the company is actively communicating and negotiating with relevant parties to try its best to remove the guarantee liability of Sangrui electronics and Minsheng intelligence, and received the notification letter issued by the plaintiff Tieling bank on February 7, 2022. Tieling bank is currently actively negotiating with Sangrui electronics and Minsheng intelligence on how to solve the guarantee and account use issues, and demonstrating and solving them as soon as possible. At present, the company’s production and operation are normal, and the above litigation cases are still in the court acceptance stage, so it is temporarily impossible to judge the impact on the company’s current or future profits.
1、 Basic information of being sued in this major lawsuit
(I) case 1
The holding subsidiary of Super Telecom Co.Ltd(603322) (hereinafter referred to as “the company”) Shanghai Sangrui Electronic Technology Co., Ltd. (hereinafter referred to as “Sangrui Electronics”) and its wholly-owned subsidiary Liaoning Minsheng Intelligent Instrument Co., Ltd. (hereinafter referred to as “Minsheng intelligent”) received the electronic summons served by Diaobingshan Municipal People’s Court on February 8 and February 9, 2022, respectively. Due to the loan contract dispute between Diaobingshan branch of Tieling Bank Co., Ltd. (hereinafter referred to as “Tieling bank”) and Diaobingshan Hongding Taisong Real Estate Development Co., Ltd. (hereinafter referred to as “Hongding Taisong”), Diaobingshan branch of Tieling bank requested the court to order Hongding Taisong to pay about 231 million yuan of loan principal and interest and preservation fee Sangrui electronics, Minsheng intelligence and other defendants shall be jointly and severally liable for the above expenses.
The parties are as follows:
Plaintiff: tiaobingshan sub branch of Tieling Bank Co., Ltd
Defendant 1: tiaobingshan Hongding Taisong Real Estate Development Co., Ltd
Defendant 2: Liaoning Hongding Taisong Coal Industry Co., Ltd
Defendant 3: Liaoning Minsheng Intelligent Instrument Co., Ltd
Defendant 4: Shanghai Sangrui Electronic Technology Co., Ltd
Defendant 5: Meng fanding
Defendant 6: Tong Yisong
(II) case 2
On February 9, 2022, Sangrui electronics received an electronic summons served by the people’s Court of Diaobingshan City, due to a loan contract dispute between Hongqi sub branch of Tieling bank and Diaobingshan Shuntong Coal Industry Co., Ltd. (hereinafter referred to as “Shuntong coal industry”), Hongqi sub branch of Tieling bank requested the court to order tiaobingshan Shuntong Coal Industry Co., Ltd. to pay about 203 million yuan of loan principal and interest, as well as preservation fees, litigation fees and other related expenses. Sangrui electronics and other defendants shall be jointly and severally liable for the above expenses.
The parties are as follows:
Plaintiff: Hongqi sub branch of Tieling Bank Co., Ltd
Defendant 1: tiaobingshan Shuntong Coal Industry Co., Ltd
Defendant 2: Shanghai Sangrui Electronic Technology Co., Ltd
Defendant 3: Meng fanding
Defendant 4: Meng Fanmao
Defendant 6: Guangzhou Junjie Honghui software technology partnership (limited partnership)
Defendant 7: Guangzhou yunchengshun software technology partnership (limited partnership)
2、 Facts and claims of litigation
(I) case 1
1. Facts and reasons of the case
The plaintiff Tieling bank Diaobingshan sub branch signed the fixed assets loan contract (Contract No.: dk09001223201906569) with the defendant Hongding Taisong on December 12, 2019. The contract amount is 225.76 million yuan and the term is from December 12, 2019 to December 11, 2022. The monthly interest rate is 5.1667% and the annual interest rate is 6.2%. Meanwhile, the plaintiff and the defendants Liaoning Hongding Taisong Coal Industry Co., Ltd., Minsheng intelligence, Sangrui electronics, Meng fanding and Tong Yisong signed the guarantee contract respectively, and the above defendants provided joint and several liability guarantee for this loan.
The loan began to owe interest in June 2021. As of November 20, 2021, the outstanding loan principal was 225.76 million yuan, the overdue interest was 5660920.12 yuan, and the total principal and interest was 231420920.12 yuan. According to Article 9.1 and 9.1 in Chapter II of the signed fixed assets loan contract According to Clause 2, the above-mentioned behavior of the defendant Hongding Taisong has constituted a breach of contract. During this period, the plaintiff repeatedly failed to collect from the defendant Hongding Taisong. In order to safeguard the legitimate rights and interests of the plaintiff and avoid the loss of state-owned assets, the plaintiff hereby filed a lawsuit with the court according to the above facts and reasons and requested the people’s court to support the plaintiff’s claim.
2. Claim
(1) Appeal to the people’s court to terminate the fixed assets loan contract (Contract No.: dk09001223201906569) signed by the plaintiff and the defendant Hongding Taisong according to law;
(2) Request the people’s court to order the defendant Hongding Taisong to immediately repay the plaintiff’s loan principal of 225.76 million yuan;
(3) If the defendant fails to pay the principal (including the interest of RMB 56920.00 yuan) before the judgment date of the people’s court in accordance with the law, the defendant shall continue to pay the interest of RMB 60920.00 yuan before the judgment date of November 2021;
(4) Request the people’s court to order the defendant Hongding Taisong to bear the preservation fee, litigation fee and other related expenses incurred in this case according to law;
(5) The people’s court is requested to order the defendants Liaoning Hongding Taisong Coal Industry Co., Ltd., Minsheng intelligence, sang Rui electronics, Meng fanding and Tong Yisong to bear joint and several liability for the principal, interest (including overdue penalty interest), preservation fee, litigation fee and other related expenses of the above loan.
(II) case 2
1. Facts and reasons of the case
The plaintiff Tieling bank Hongqi sub branch signed a working capital loan contract with the defendant Shuntong coal industry on December 30, 2020, with the contract number of dk03001214202003723. The contract amount is 195 million yuan, the period is from December 30, 2020 to November 30, 2021, and the monthly interest rate is 4.5% 6667%), with an annual interest rate of 5.6%. The pledge is Jilin Zhongshun Network Technology Co., Ltd. held by the defendant Meng fanding, Guangzhou Junjie Honghui software technology partnership (limited partnership) and Guangzhou yunchengshun software technology partnership (limited partnership) 25%, 5% and 5% of the equity respectively signed the right pledge contract and handled the notice of establishment registration of equity pledge. The plaintiff has priority to be paid for the above pledged property.
At the same time, the defendant sang Rui electronics, Meng fanding, Meng Fanmao and Wang Hongxia signed the guarantee contract respectively, and the above defendants provided joint and several liability guarantee for this loan.
The loan began to owe interest in January 2021. As of November 20, 2021, the outstanding loan principal was 195 million yuan, The interest in arrears is 7604703.03 yuan (including overdue penalty interest, and the total principal and interest is 202604703.03 yuan). During this period, the plaintiff repeatedly failed to collect from the defendant. In order to safeguard the legitimate rights and interests of the plaintiff and avoid the loss of state-owned assets, based on the above facts and reasons, the plaintiff hereby filed a lawsuit to the court and requested the people’s court to support the plaintiff’s claim.
2. Claim
(1) Request the people’s court to order the defendant Shuntong coal industry to immediately repay the plaintiff’s loan principal of 195 million yuan;
(2) Request the people’s court to order the defendant Shuntong coal industry to pay 7604703.03 yuan of interest (including overdue penalty interest) owed before November 20, 2021, and continue to pay interest (including overdue penalty interest) until the date of payment of principal in accordance with the contract;
(3) Request the people’s court to order the defendant Shuntong coal industry to bear the preservation fees, litigation fees and other related expenses incurred in this case according to law;
(4) The people’s court is requested to make a judgment according to law that the plaintiff shall have priority to be paid for the auction, sale and discount of the collateral provided by the defendants Meng fanding, Guangzhou Junjie Honghui software technology partnership (limited partnership) and Guangzhou yunchengshun software technology partnership (limited partnership);
(5) The people’s court is requested to order the defendants sang Rui electronics, Meng fanding, Meng Fanmao and Wang Hongxia to bear joint and several liability for the above loan principal, interest (including overdue penalty interest), preservation fee, litigation fee and other related expenses.
3、 The impact of the lawsuit announced this time on the company’s current profit or post period profit
The guarantee involved in the above litigation case is an illegal guarantee signed by Meng fanding, the legal representative / Chairman / Executive Director of Sangrui electronics and Minsheng intelligent, which has not been considered and disclosed by the company’s board of directors / general meeting of shareholders. According to Article 9 of the interpretation of the Supreme People’s Court on the application of the relevant guarantee system of the civil code of the people’s Republic of China, this guarantee is invalid.
At present, the company is actively communicating and negotiating with relevant parties to try its best to remove the guarantee liability of Sangrui electronics and Minsheng intelligence, and received the notification letter issued by the plaintiff Tieling bank on February 7, 2022. Tieling bank is currently actively negotiating with Sangrui electronics and Minsheng intelligence on how to solve the guarantee and account use issues, and demonstrating and solving them as soon as possible. At present, the company’s production and operation are normal, and the above litigation cases are still in the court acceptance stage, so it is temporarily impossible to judge the impact on the company’s current or future profits.
The company will continue to pay attention to the progress of the above cases and fulfill the obligation of information disclosure in time. Information about the company can be found on the website of Shanghai Stock Exchange (www.sse. Com. CN.) And the relevant announcement published by the information disclosure media designated by the company shall prevail. Please pay attention to the announcement and pay attention to the investment risk.
It is hereby announced.
Super Telecom Co.Ltd(603322) board of directors February 9, 2022
