Securities code: 300173 securities abbreviation: Funeng Oriental Equipment Technology Co.Ltd(300173) Announcement No.: 2021-124 Funeng Oriental Equipment Technology Co.Ltd(300173)
Announcement on the receipt of notification of acceptance of cases by wholly-owned subsidiaries
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.
1、 Basic information of this lawsuit
Zhongshan Songde Technology Investment Co., Ltd. (hereinafter referred to as “Songde technology”), a wholly-owned subsidiary of Funeng Oriental Equipment Technology Co.Ltd(300173) (hereinafter referred to as “the company”), filed a lawsuit to Zhongshan Second People’s court for Suzhou Chunxing Precision Mechanical Co.Ltd(002547) (hereinafter referred to as ” Suzhou Chunxing Precision Mechanical Co.Ltd(002547) ” ）Pay the remaining equity transfer money and interest to Songde technology and go through the registration procedures for the change of equity transfer involved in the case. Recently, Songde technology received the notice of accepting the case [(2021) Yue 2072 min Chu No. 23444] from the second people’s Court of Zhongshan City. II. Basic information about the case
(i) Parties to the case
1. Plaintiff: Zhongshan Songde Technology Investment Co., Ltd., domicile: No. 35-2, Dongfu North Road, Nantou Town, Zhongshan City, Guangdong Province, unified social credit Code: 91442000ma4w0naw1k
Legal representative: Chen Liang, executive director and general manager
2. Defendant: Suzhou Chunxing Precision Mechanical Co.Ltd(002547) , domicile: No. 120, Jinling East Road, Weiting Town, Suzhou Industrial Park, Jiangsu Province, unified social credit Code: 91320000832592061p
Legal representative: Yuan Jing, chairman
3. Third party: Zou Renjun
4. The third party: Xianyou Derun Investment Co., Ltd., domicile: No. 116, Xiatang, Xiangling village, Laidian Town, Xianyou County, Putian City, Fujian Province, unified social credit Code: 91350322ma347mhb2p
Legal representative: Zou Renjun, chairman
（2） Facts and reasons
Songde technology holds 30.6123% of Xianyou Derun Investment Co., Ltd. (hereinafter referred to as the “target company”)
And has actually paid a capital contribution of RMB 225 million. On April 20, 2020, Songde technology and Suzhou Chunxing Precision Mechanical Co.Ltd(002547) signed the equity transfer agreement (hereinafter referred to as the “agreement”), which agreed that Suzhou Chunxing Precision Mechanical Co.Ltd(002547) would transfer the equity corresponding to the target company’s investment of 150 million yuan held by Songde technology and its shareholders’ equity at one time, and the equity transfer price payable by Suzhou Chunxing Precision Mechanical Co.Ltd(002547) was 150 million yuan.
According to the agreement, Suzhou Chunxing Precision Mechanical Co.Ltd(002547) shall pay the sixth phase of equity transfer of RMB 10 million before August 25, 2021 From May 1, 2020, the capital interest shall be paid to Songde technology according to the total amount of the remaining equity transfer payment payable (including the total amount of the due and unpaid equity transfer payment and the undue equity transfer payment) and the annual interest rate of 5.5% during the period of capital occupation. If Suzhou Chunxing Precision Mechanical Co.Ltd(002547) any phase fails to pay the equity transfer payment or capital interest to Songde technology in time and in full according to the contract, it shall be deemed as Suzhou Chunxing Precision Mechanical Co.Ltd(002547) breach of contract; If Suzhou Chunxing Precision Mechanical Co.Ltd(002547) fails to pay the current payment for more than 60 days, it shall be deemed as a fundamental breach of contract. At the same time, the agreement stipulates that both parties shall jointly go through the relevant procedures for equity change registration under the name of Suzhou Chunxing Precision Mechanical Co.Ltd(002547) within 10 working days after Suzhou Chunxing Precision Mechanical Co.Ltd(002547) actually pays the first phase equity transfer payment of 10 million yuan to Songde technology.
Since Suzhou Chunxing Precision Mechanical Co.Ltd(002547) has not paid 10 million yuan and interest for the sixth phase of equity transfer, which has constituted a serious breach of contract, Songde technology claims all the remaining equity transfer funds, interest and liquidated damages from Suzhou Chunxing Precision Mechanical Co.Ltd(002547) and requires Suzhou Chunxing Precision Mechanical Co.Ltd(002547) to go through the relevant procedures for equity change registration under Suzhou Chunxing Precision Mechanical Co.Ltd(002547) .
（3） Claim
1. Order the defendant to pay the plaintiff immediately:
(1) The remaining equity transfer amount is 80 million yuan and liquidated damages;
(2) Interest during fund occupation;
The total amount of claims in (1) and (2) above is 84.3205 million yuan.
2. Order the defendant and the third party to immediately cooperate with Songde technology to go through the formalities of registration of the change of Transferred Equity to the defendant’s name in accordance with relevant agreements.
3. Order the defendant to bear the case acceptance fee, lawyer’s fee, preservation fee, guarantee fee and other expenses.
3、 Other undisclosed litigation and arbitration matters
As of the date of this announcement, the company has no other undisclosed litigation and arbitration matters.
4、 Possible impact of the case on the company’s current profits or future profits
As the case has not been heard in court, the impact on the company’s profits in the current period or after the period is uncertain, and the final result of the lawsuit shall prevail. The company will timely perform the obligation of information disclosure on the progress of this announcement and litigation in accordance with relevant regulations. Please pay attention to the investment risk.
5、 Other instructions
Suzhou Chunxing Precision Mechanical Co.Ltd(002547) on May 25, 2021, it paid 10 million yuan for the fifth phase of equity transfer and the corresponding capital occupation interest (RMB 11.163 million in total) paid the e-commerce acceptance bill to Songde technology, but the bill was not successfully cashed on the maturity date of November 25, 2021. Songde technology will add litigation claims for the amount specified in the bill, corresponding liquidated damages and capital interest.
6、 Documents for future reference
It is hereby announced that the notice of accepting cases [(2021) Yue 2072 min Chu No. 23444] issued by the second people’s Court of Zhongshan City.
Funeng Oriental Equipment Technology Co.Ltd(300173) board of directors
December 23, 2021
