Securities code: 600804 securities abbreviation: Dr.Peng Telecom&Media Group Co.Ltd(600804) Announcement No.: pro 2022-013 bond Code: 143143 bond abbreviation: 17 Pengbo bond
Bond Code: 143606 bond abbreviation: 18 Pengbo bond
Dr.Peng Telecom&Media Group Co.Ltd(600804)
Progress announcement on litigation matters
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: Dr.Peng Telecom&Media Group Co.Ltd(600804) (hereinafter referred to as “the company”) and its holding subsidiary involve two important litigation cases. The litigation stages are application for enforcement in the second instance and mediation and settlement in the first instance
The party status of listed companies: defendant
Amount involved:
Case (I): the unpaid payment of 56378867 yuan and the overdue interest from the date of overdue payment to the date of actual payment;
Case (II): the amount involved is 59120046 yuan;
Whether it will have a negative impact on the profits and losses of listed companies:
Case (I): the judgment of the lawsuit is expected to cause the company’s estimated liabilities of 39.7417 million yuan (Unaudited);
Case (II): it is estimated that the total amount of financial expenses and other litigation related expenses accrued by the company due to the litigation judgment is about 3630519.59 yuan (Unaudited).
1、 Basic information of litigation cases
(I) Beijing Greenfield Technology Co., Ltd. (hereinafter referred to as “Greenfield”) sued the company’s shareholders for liability disputes for damaging the interests of the company’s creditors
On September 14, 2020, green Weidi filed a lawsuit to Beijing No. 1 Intermediate People’s Court on the dispute over the liability of shareholders to damage the interests of creditors of the company.
After trial, on March 29, 2021, the first intermediate people’s Court of Beijing issued the “civil judgment” (2020) Jing 01 min Chu No. 383 “, Judgment: (1) Great Wall Broadband Network Service Co., Ltd. (hereinafter referred to as “Great Wall broadband”) paid the plaintiff green Weidi the overdue interest of 1829374.55 yuan on the paid payment between May 11, 2018 and December 31, 2019 within 10 days after the judgment took effect; (2) Great Wall broadband shall pay the unpaid payment of 56378867 yuan and the overdue interest from the overdue date to the date of actual payment to the plaintiff green Weidi within 10 days after the judgment takes effect; (3) Great Wall broadband shall pay 54137.40 yuan of litigation property preservation liability insurance premium to the plaintiff within 10 days after the judgment takes effect; (4) Reject other claims of the plaintiff. Since then, green Weidi appealed to the Beijing Higher People’s court against items 2 and 4 of the civil judgment (2020) Jing 01 min Chu No. 383 made by the Beijing No. 1 Intermediate People’s court.
After trial, the Beijing Higher People’s court made the following civil judgment (2021) jingminzhong No. 652 on this case:
“The court believes that if Dr.Peng Telecom&Media Group Co.Ltd(600804) company fails to provide sufficient evidence to prove that its property is independent of that of Great Wall broadband company, it shall be jointly and severally liable for the debts of Great Wall broadband company.
1. Maintain items 1, 2 and 3 of Beijing No. 1 Intermediate People’s court’s (2020) Jing 01 min Chu No. 383 civil judgment;
2. Revoke item 4 of Beijing No. 1 Intermediate People’s court’s civil judgment (2020) Jing 01 min Chu No. 383;
3. Dr.Peng Telecom&Media Group Co.Ltd(600804) be jointly and severally liable for the debts of Great Wall Broadband in items (I), (II) and (III) of Beijing No. 1 Intermediate People’s Court (2020) Jing 01 min Chu No. 383 civil judgment;
4. Reject greenwidy’s other claims.
This judgment is final. “
In this case, the basic bank account of the company was frozen during the first instance, and the actual frozen amount was 53908308.70 yuan.
For details of the early stage of the case, see the announcement on the progress of Dr.Peng Telecom&Media Group Co.Ltd(600804) litigation matters (Announcement No.: pro 2021-064) disclosed on the website of Shanghai Stock Exchange on July 24, 2021 and the announcement on the progress of Dr.Peng Telecom&Media Group Co.Ltd(600804) litigation matters (Announcement No.: pro 2022-005) disclosed on January 12, 2022. (II) Fujian post and Telecommunications Engineering Co., Ltd. (hereinafter referred to as “Fujian post and Telecommunications”) sued the company and its subsidiaries for engineering contract disputes
On May 19, 2021, Fujian post and Telecommunications signed a general construction contract with the company. On June 2, 2021, according to the general construction contract, the company issued a commercial bill with a payment amount of 167663226.76 yuan to Fujian post and telecommunications, and the maturity date of the bill is September 2, 2021. Later, the company failed to pay part of the remaining payment as agreed, and the project payment is still 55663226.70 yuan.
Now, Fujian post and telecommunications has listed the company and some subsidiaries as defendants and filed a lawsuit with Shanghai Songjiang District People’s Court on the grounds of project contract disputes. In this lawsuit, the bank account of Beijing broadband Telecom Technology Co., Ltd., the third level holding subsidiary of the company, has been frozen before the lawsuit, and the actual frozen amount is 59072788.12 yuan.
See the announcement of Dr.Peng Telecom&Media Group Co.Ltd(600804) on litigation (Announcement No.: pro 2022-010) disclosed by the company on the website of Shanghai Stock Exchange on February 11, 2022 for the preliminary information of the case.
2、 Progress of litigation cases
(I) the case of green wadi v. the company’s shareholders’ liability for damaging the interests of the company’s creditors
Recently, green Weidi applied to Beijing No. 1 Intermediate People’s court for enforcement according to the judgment of this case. On February 9, 2022, the Beijing No. 1 Intermediate People’s Court issued the execution notice (2022) Jing 01 Zhi No. 114, ordering the company to immediately perform the obligations determined by the effective legal documents, and bear the debt interest, application execution fee and actual expenses incurred in the execution during the period of delay. If it fails to perform within the time limit, the court will enforce it according to law.
(II) Fujian post and Telecommunications suing the company and its subsidiaries for engineering contract disputes
Recently, Shanghai Songjiang District People’s Court issued the civil mediation statement numbered (2021) Hu 0117 min Chu No. 20611. After the mediation presided over by this court, the parties voluntarily reached the following agreements. The main contents are as follows: the company paid the project payment of 55663226.76 yuan to Fujian post and Telecommunications before February 9, 2022, the liquidated damages for overdue payment of 2824682.36 yuan The loss of lawyer’s fee is 584879 yuan and the guarantee fee is 47258.23 yuan, totaling 59120046 yuan.
3、 The impact of the lawsuit announced this time on the company’s profits
(I) the case of green wadi v. the company’s shareholders’ liability for damaging the interests of the company’s creditors
In view of the related transactions involved in the lawsuit, some trading companies have accrued accounts payable of 19.1322 million yuan, so the judgment of the lawsuit that the company should bear joint and several liability will cause the company’s estimated liabilities of about 39.7417 million yuan (Unaudited), and the amount of impact of the lawsuit on the company’s current or future profits cannot be determined temporarily. (II) Fujian post and Telecommunications suing the company and its subsidiaries for engineering contract disputes
According to the judgment of the case, the total financial expenses and other litigation related expenses accrued by the litigation company are about 3630519.59 yuan (Unaudited).
4、 Documents for future reference
1. (2022) Jing 01 Zhi No. 114 enforcement notice issued by Beijing No. 1 Intermediate People’s court;
2. (2021) Hu 0117 min Chu No. 20611 civil mediation statement made by Shanghai Songjiang District People’s court.
It is hereby announced.
Dr.Peng Telecom&Media Group Co.Ltd(600804) board of directors February 18, 2022
