Securities code: 002122 securities abbreviation: Tianma Bearing Group Co.Ltd(002122) Announcement No.: 2022-003 Tianma Bearing Group Co.Ltd(002122)
Announcement on the progress of the former sea energy transfer case
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.
Special tips:
1. Litigation (Arbitration) stage of the case: retrial
2. The party status of listed companies: retrial respondent
3. Amount involved: principal 25 million yuan and overdue interest, etc
4. Impact on the profits and losses of listed companies: since the case has not been adjudicated again, it is impossible to judge the impact on the company at present.
Tianma Bearing Group Co.Ltd(002122) (hereinafter referred to as “the company” or “the company”) received legal documents such as (2020) Yue min Shen No. 1135 notice of response to civil application for retrial and retrial application issued by Guangdong Higher People’s Court on February 21, 2022. Shenzhen Qianhai Huineng Financial Holding Group Co., Ltd. refused to accept the civil ruling (2020) Yue 03 min Zhong No. 21418 made by the Shenzhen intermediate people’s Court of Guangdong Province on the private loan dispute case, so it applied to the Guangdong Higher People’s court for retrial. The relevant information is hereby announced as follows:
1、 Basic information of this case
The company signed the loan contract with Shenzhen Qianhai Huineng Financial Holding Group Co., Ltd. (hereinafter referred to as “Qianhai Huineng”) on September 7, 2017. The company’s affiliated company Xinghe Internet Group Co., Ltd. received the loan of RMB 25 million from Qianhai Huineng. After the loan was overdue, Qianhai Huineng submitted the complaint to the people’s Court of Shenzhen Qianhai cooperation zone, The company is required to return its loan principal of RMB 25 million, overdue interest and relevant litigation costs, preservation guarantee fees, preservation fees, etc., and the other seven defendants are jointly and severally liable for the above payment obligations.
On May 19, 2020, the people’s Court of Shenzhen Qianhai Cooperation Zone issued (2019) Yue 0391 min Chu No. 3161 civil judgment, requiring the company to return the principal of Qianhai Huineng 25 million yuan and pay overdue interest, lawyer’s fees, etc., and other relevant defendants shall bear joint and several liability for repayment; On June 18, 2021, the intermediate people’s Court of Shenzhen, Guangdong Province issued the civil ruling (2020) Yue 03 min Zhong No. 21418, which considered that the loan dispute was suspected of a criminal crime. Therefore, it ruled to revoke the civil judgment (2019) Yue 0391 min Chu No. 3161 of the people’s Court of Shenzhen Qianhai cooperation zone, Guangdong Province, and rejected the prosecution of Qianhai Huineng.
The basic information, claims and progress of this case are detailed in the announcement on receiving the first instance judgment of Qianhai Huineng case (Announcement No.: 2020-079) and the announcement on receiving the civil ruling of the final judgment of Qianhai Huineng case (Announcement No.: 2021-077) of the company on May 27, 2020 and June 29, 2021.
2、 Basic information on the progress of this case
Retrial applicant (plaintiff of the original trial and appellee of the second trial): Shenzhen Qianhai Huineng Financial Holding Group Co., Ltd
Respondent (defendant of the first instance and appellant of the second instance): Tianma Bearing Group Co.Ltd(002122)
Respondent (defendant of the first instance and appellant of the second instance): Zhejiang Busen Garments Co.Ltd(002569)
Respondent (defendant of the original trial): Xu Maodong
Respondent (defendant of the original trial): Fu Miao
Respondent (defendant of the original trial): Kashgar Xinghe Venture Capital Co., Ltd
Respondent (defendant of the original trial): Shanghai Ruiji asset management partnership (limited partnership)
Respondent (defendant of the original trial): Beijing Xinghe World Group Co., Ltd
Respondent (defendant of the original trial): Xinghe Internet Group Co., Ltd
Retrial request:
1. Request the court to revoke the civil ruling (2020) Yue 03 min Zhong No. 21418 made by the Shenzhen intermediate people’s Court of Guangdong Province:
2. Request the court to correct the principal and overdue interest of the loan of haihuineng financial holding company returned by the respondent Tianma bearing company to the applicant according to law (the overdue interest is calculated from April 27, 2018 to the date when Tianma bearing company repaid all the loans based on the principal of 25 million yuan and the annual interest rate is 24%):
3. Request the court to change the judgment according to law that Tianma bearing company shall bear the litigation fees of the case and the lawyer fees paid by the applicant; 4. Request the court to change the judgment according to law that Xu Maodong, Fu Miao, Kashi Xinghe venture capital company, Shanghai Ruiji partnership, Zhejiang BUSEN Co., Ltd., Beijing Xinghe world company and Xinghe Internet company shall bear joint and several liabilities for the above three payment obligations of Tianma bearing company.
3、 Are there any other undisclosed litigation and arbitration matters
Except for the litigation and arbitration matters that have been disclosed in the interim announcement and periodic report in the early stage, as of the disclosure date of this announcement, the company and its subsidiaries have no other litigation and arbitration matters that should be disclosed but not disclosed.
4、 Possible impact of this case on the company’s current or future profits
As the case has not been adjudicated again, it is impossible to judge the impact on the company’s profits at present. The company will pay attention to the progress of the case and fulfill the obligation of disclosure in time.
5、 Documents for future reference
1. Legal documents such as (2020) Yue min Shen No. 1135 notice of response to civil application for retrial cases and retrial application issued by Guangdong Higher People’s court
Tianma Bearing Group Co.Ltd(002122) board of directors February 23, 2022
