Securities code: 000523 securities abbreviation: * ST Langqi Announcement No.: 2022-008 Lonkey Industrial Co.Ltd.Guangzhou(000523)
Announcement on the progress of litigation and Arbitration
The company and all members of the board of directors guarantee that the information disclosed is true, accurate and complete without false records, misleading statements or major omissions.
Recently, Lonkey Industrial Co.Ltd.Guangzhou(000523) (hereinafter referred to as the “company” and “Longqi company”) received the notice issued by Jiangxi Provincial Higher People’s Court on the relationship between Yichun branch of Guangzhou Ganxi commercial factoring Co., Ltd. (hereinafter referred to as the “factoring company”) and Longqi company In the civil judgment [(2021) Gan min Zhong No. 936] of the factoring contract dispute case of Guangzhou Fair oil supply Co., Ltd. (hereinafter referred to as “fair company”), the Jiangxi Higher People’s court rejected the appeal request of Longqi company and upheld the judgment of first instance. The relevant information is hereby announced as follows:
1、 Basic information of litigation cases
1. Litigant
Plaintiff: Yichun branch of Guangzhou Ganxi commercial factoring Co., Ltd
Defendant 1: Lonkey Industrial Co.Ltd.Guangzhou(000523)
Defendant 2: Guangzhou Gongping oil supply Co., Ltd
2. Causes of this dispute
In order to ensure the transaction needs, Longqi company applies to the factoring company for reverse factoring financing business. On October 29, 2019, the factoring company signed the reverse commercial factoring contract with Longqi company in Yuanzhou District, Yichun City, Jiangxi Province. Contract agreement: the factoring company provides financing for the creditors of Longqi company, and has agreed on the interest rate of reverse factoring financing, default interest rate of reverse factoring financing, interest, etc. Later, according to the above factoring contract, the factoring company signed three accounts receivable transfer agreements with Longqi company and fair company on April 16, 2020, with the transfer amount of accounts receivable of 32.596 million yuan, and handled the registration certificate of chattel guarantee in the credit investigation center of the people’s Bank of China on April 17, 2020. After signing the above contract, the factoring company paid the factoring financing amount of 30.9662 million yuan to the fair company on April 17, 2020, and transferred the accounts receivable of 32.596 million yuan as a whole. The transfer list of accounts receivable stated that the above accounts receivable expired on September 29, 2020. After the expiration of the term of accounts receivable, Longqi company failed to pay the accounts to the factoring company as agreed in the contract, and fair company also failed to fulfill the repurchase obligation, so the factoring company sued the court.
3. Claims of first instance
(1) Longqi company pays the assigned accounts receivable of 32.596 million yuan to the factoring company, which is used to offset the amount of the claim in Item (2). If the amount of accounts receivable is insufficient to offset the repurchase financing funds and the penalty interest up to the date of actual payment, the balance shall be paid by the fair company;
(2) Fair Company repurchased the factoring financing fund of the factoring company of RMB 30966200 and the penalty interest of RMB 584917.11 (the penalty interest from September 30, 2020 to November 2, 2020 is RMB 30966200) × 10% × 2 ÷ 360 days × 34 days, and the remaining penalty interest shall be calculated according to the above calculation method until the date of actual payment of financing funds);
(3) The two defendants paid 60000 yuan of lawyer’s agency fee to the factoring company;
(4) The litigation costs, property preservation costs and property preservation insurance premiums of this case shall be borne by the two defendants.
4. Judgment of first instance litigation
On September 7, 2021, the company disclosed the civil judgment [(2020) Gan 09 min Chu No. 188] made by Yichun intermediate people’s Court on the case of factoring contract dispute between factoring company, Langqi company and fair company. Yichun intermediate people’s court made a judgment on the litigation request put forward by factoring company. The main contents of the judgment are as follows:
(1) Longqi company paid 32596000 yuan to the factoring company;
(2) The fair company shall repay the principal of the factoring financing fund of 29538314.11 yuan and interest to the factoring company (from April 17, 2020 to September 29, 2020, calculated at an annual interest rate of 10%, and from September 30, 2020 to the date of full repayment of the principal of the factoring financing fund, calculated at an annual interest rate of 20%);
(3) If either party of Longqi company and equity company performs the debts determined in Items 1 and 2 of this judgment, the other party can be exempted from the repayment liability determined in this judgment accordingly;
(4) Reject other claims of the factoring company;
(5) The case acceptance fee is 204780 yuan, and the property preservation fee application fee is 5000 yuan, totaling 209780 yuan, which shall be jointly borne by the two defendants.
5. Progress of this lawsuit
The company refused to accept the civil judgment (2020) Gan 09 min Chu No. 188 of Yichun intermediate people’s court because the relevant facts of the case involved a criminal case, and filed an appeal to Jiangxi Higher People’s Court: (1) the procedure of first instance judgment was illegal; (2) The validity of the sales contract and factoring contract involved in the case is in doubt. Therefore, Longqi company shall not be liable for repayment.
Recently, the company received the decision of Jiangxi Provincial Higher People’s Court on factoring company, Langqi company and Guangyuan
Civil judgment of second instance in the case of fair company factoring contract dispute [(2021) Gan min Zhong No. 936], Jiang
The higher people’s Court of Xi Province made a judgment on the appeal filed by Longqi company. The judgment is as follows:
(1) Reject the appeal and uphold the original judgment;
(2) The case acceptance fee of the second instance is 205828.90 yuan, which shall be borne by the company.
This judgment is final.
2、 Progress of other litigation and arbitration matters this time
As of the disclosure date of this announcement, the progress of other undisclosed litigation and arbitration of the company is as follows:
No. basic information of litigation / arbitration plaintiff / original applicant defendant / respondent involved amount litigation / Arbitration Litigation / arbitration results and progress date of first disclosure (10000 yuan)
Civil ruling of wentou international commercial factoring Co., Ltd. [(2021) Yue 01 min Zhong No. 25141]
The company and Longqi company, Shenzhen cultural investment international commercial factoring Longqi company and Shenzhen received the following civil: Longqi company was allowed to withdraw its appeal and the first instance was held
1. City hezhengrong Industrial Co., Ltd. city hezhengrong Industrial Co., Ltd. has 2484 ruling, which shall take effect from the date of delivery of the ruling; On December 4, 2020, the acceptance fee of the second instance case of bill dispute case Co., Ltd. will be halved and collected by Longqi company
Burden.
This ruling is final.
Civil ruling of wentou international commercial factoring Co., Ltd. [(2021) Yue 01 min Zhong No. 25146]
The company and Longqi company, Shenzhen cultural investment international commercial factoring Longqi company and Shenzhen received the following civil: Longqi company was allowed to withdraw its appeal and the first instance was held
2. The 471 ruling of Tongzhou Industrial Co., Ltd. and Tongzhou Industrial Co., Ltd. shall take effect from the date of service of the ruling; On December 4, 2020, according to the dispute case, the second instance case acceptance fee of the company will be halved and collected by Longqi company
Burden. This ruling is final.
Civil ruling of Shenzhen jiukong Financial Leasing Co., Ltd. [(2022) Yue 01 min Zhong No. 2006]
The company and Langqi company, Shanghai Shenzhen jiukong financial leasing Langqi company and Shanghai have received the following civil: Langqi company is allowed to withdraw its appeal, and the first instance
3. The 805 ruling of yushuai Trading Co., Ltd. notes Co., Ltd. yushuai Trading Co., Ltd. shall take effect from the date of service of the ruling; On December 19, 2020, the second instance case acceptance fee of the dispute case Division will be halved and collected by Longqi company
Burden. This ruling is final.
Civil ruling of Shenzhen jiukong Financial Leasing Co., Ltd. [(2022) Yue 01 min Zhong No. 2007]
The company and Langqi company, Shanghai Shenzhen jiukong financial leasing Langqi company and Shanghai have received the following civil: Langqi company is allowed to withdraw its appeal, and the first instance
4. The 981.5 ruling of Yu Shuai Trading Co., Ltd. notes Co., Ltd. Yu Shuai Trading Co., Ltd. shall take effect from the date of service of the ruling; On December 19, 2020, the second instance case acceptance fee of the dispute case Division will be halved and collected by Longqi company
Burden. This ruling is final.
Civil ruling of Shenzhen jiukong Financial Leasing Co., Ltd. [(2022) Yue 01 min Zhong No. 2002]
The company and Langqi company, Shanghai Shenzhen jiukong financial leasing Langqi company and Shanghai have received the following civil: Langqi company is allowed to withdraw its appeal, and the first instance
5 tickets of duzeng Trading Co., Ltd. duzeng Trading Co., Ltd. 803 25. The written ruling shall take effect from the date of service of the written ruling; On December 19, 2020, the case acceptance fee of the second instance of the dispute case Division will be halved and collected by Longqi company
Burden. This ruling is final.
Civil ruling of Shenzhen jiukong Financial Leasing Co., Ltd. [(2022) Yue 01 min Zhong No. 2003]
The company and Langqi company, Shanghai Shenzhen jiukong financial leasing Langqi company and Shanghai have received the following civil: Langqi company is allowed to withdraw its appeal, and the first instance
6. The 423 ruling of duzeng Trading Co., Ltd. has legal effect from the date of service of the ruling; On December 19, 2020, the case acceptance fee of the second instance of the dispute case Division will be halved and collected by Longqi company
Burden. This ruling is final.
Shenzhen jiukong Finance Leasing Co., Ltd
