Securities code: 600091 securities abbreviation: * ST Mingke Announcement No.: pro 2022-014 Baotou Tomorrow Technology Co.Ltd(600091)
Announcement on the progress of litigation involving joint stock companies
hot tip
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: the judgment of the first instance
The party status of the listed company’s joint-stock company: defendant
Amount involved: 281691400 yuan
Whether it will have a negative impact on the profits and losses of listed companies: the judgment of this lawsuit is the judgment of first instance, and it is temporarily impossible to judge the impact on the profits of the company in the current period or later period.
Baotou Tomorrow Technology Co.Ltd(600091) (hereinafter referred to as “the company”) recently received the civil judgment of Inner Mongolia Eerduosi Resources Co.Ltd(600295) intermediate people’s Court of Inner Mongolia Autonomous Region [(2020) nei06 minchu No. 317] forwarded by Inner Mongolia Ronglian Investment Development Co., Ltd. (hereinafter referred to as “Ronglian company”), a joint-stock company with a shareholding of 31.80%, The case of dispute over the exploration right transfer contract between the plaintiff Hangjinqi Xinhe state owned investment and Management Co., Ltd. (hereinafter referred to as “Xinhe state owned investment”) and the defendant Ronglian company has been decided in the first instance recently. The relevant information is announced as follows: I. Basic information of this lawsuit
Plaintiff: Hangjinqi Xinhe state owned Assets Investment Management Co., Ltd
Defendant: Inner Mongolia Ronglian Investment Development Co., Ltd
On September 15, 2005, the plaintiff Xinhe Guotou and the defendant Ronglian company signed the contract for the transfer of exploration right in the tarangole exploration area of Dongsheng District, Inner Mongolia. The plaintiff transferred the detailed coal geological exploration right in the northern tarangole area of Dongsheng coalfield with an exploration area of 65.98 square kilometers to the defendant Ronglian company. The exploration right was not evaluated at the time of transfer, and both parties agreed that the transfer price of exploration right was 50 million yuan. According to the special rectification requirements of Inner Mongolia Autonomous Region and Inner Mongolia Eerduosi Resources Co.Ltd(600295) city on violations and violations in the field of coal resources and the deployment of inspection and verification of violations and violations in the field of coal resources, According to the No. 11 and No. 383 evaluation report on the loss of state-owned assets involved in the special rectification of coal resources in Inner Mongolia Eerduosi Resources Co.Ltd(600295) Hangjin Banner, Inner Mongolia Ronglian Investment Development Co., Ltd. and the evaluation report on the detailed geological survey and exploration right (traceability) of coal in the northern mining area of tarangole, Dongsheng coal field, Inner Mongolia Autonomous Region, revised by Guangshi certified public accountants Co., Ltd (gspbz [2020] No. 2090), the defendant Ronglian company “did not enter the site for evaluation, did not enter the site for transaction, and transferred and obtained the state-owned exploration right at a low price”, resulting in a loss of 281691400 yuan of state-owned assets. In the process of transferring the exploration right involved in the case, without evaluation, the plaintiff and the defendant violated Article 9 of the measures for the administration of the transfer of exploration right and mining right: “the transfer of exploration right and mining right formed by state funded exploration must be evaluated”. According to Article 52 of the contract law, the terms of the transfer price are invalid.
To sum up, according to the state-owned assets appraisal loss conclusion of the detailed Coal Geological Survey and exploration right (retrospective) appraisal report of the northern mining area of tarangole, Dongsheng coalfield, Inner Mongolia Autonomous Region (gspbz [2020] No. 2090), the plaintiff xinheguo investment filed a lawsuit with the intermediate people’s Court of Inner Mongolia Eerduosi Resources Co.Ltd(600295) City, Inner Mongolia Autonomous Region, and filed the following claims:
1. The defendant was ordered to pay 281691400 yuan of the transfer price of the exploration right and bear the interest on capital occupation from December 18, 2020 to the actual date of supplementary payment (the interest on capital occupation is calculated according to the loan market quotation interest rate published by the national interbank lending center and with reference to the overdue penalty interest rate);
2. The litigation costs of this case shall be borne by the defendant.
See Baotou Tomorrow Technology Co.Ltd(600091) announcement on litigation involving the joint-stock company Inner Mongolia Ronglian Investment Development Co., Ltd. (Announcement No.: pro 2021-002) disclosed by the company on January 18, 2021 for details of the lawsuit.
In November 2021, Ronglian company received the civil ruling of the Inner Mongolia Eerduosi Resources Co.Ltd(600295) intermediate people’s Court of Inner Mongolia Autonomous Region [(2020) Nei 06 min Chu No. 317], and the Inner Mongolia Eerduosi Resources Co.Ltd(600295) intermediate people’s Court of Inner Mongolia Autonomous Region agreed that the plaintiff Xinhe SDIC withdrew its application to sue the original defendant Inner Mongolia Ronglian road and Bridge Engineering Co., Ltd., and the defendant in the case was only Ronglian company.
2、 Progress of this lawsuit
The main contents of the civil judgment of Inner Mongolia Eerduosi Resources Co.Ltd(600295) intermediate people’s Court of Inner Mongolia Autonomous Region [(2020) Nei 06 min Chu No. 317] are as follows:
1. The defendant Inner Mongolia Ronglian Investment Development Co., Ltd. paid the plaintiff Hangjin Banner Xinhe state owned assets investment and Operation Co., Ltd. 266691400 yuan of the difference in the transfer price of exploration right.
2. Reject other claims of the plaintiff Hangjinqi Xinhe state owned assets investment and Management Co., Ltd.
If the obligation to pay money is not fulfilled within the period specified in this judgment, the debt interest during the period of delayed performance shall be doubled in accordance with Article 260 of the Civil Procedure Law of the people’s Republic of China.
The case acceptance fee is 1450257 yuan, which is borne by the defendant Inner Mongolia Ronglian Investment Development Co., Ltd. and 111800 yuan by the plaintiff Hangjinqi Xinhe state owned assets investment and Management Co., Ltd.
If you are not satisfied with this judgment, you may, within 15 days from the date of service of the judgment, submit a petition of appeal to this court, and submit copies according to the number of opposite parties or representatives, and appeal to the higher people’s Court of Inner Mongolia Autonomous Region. 3、 The impact of the lawsuit announced this time on the company’s current profit or post period profit
The judgment of this lawsuit is the judgment of first instance, and it is impossible to judge the impact on the current or later profits of the company. The company will fulfill the obligation of information disclosure in time according to the progress of Ronglian company’s litigation. Please pay attention to the investment risks.
It is hereby announced
Baotou Tomorrow Technology Co.Ltd(600091) board of directors
February 22, 2002
