Securities code: Dalian Morningstar Network Technology Co.Ltd(002447) securities abbreviation: Dalian Morningstar Network Technology Co.Ltd(002447) Announcement No.: 2022006 Dalian Morningstar Network Technology Co.Ltd(002447)
Announcement on litigation involving the actual controller of the company
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. Important content: the litigation stage of the case: the final judgment. The party status of listed companies: the litigation of non listed companies is a dispute over the external guarantee contract of the actual controller of listed companies. Amount involved: 152472122 yuan. Whether it will have an impact on the operation of the listed company: the production and operation of the listed company is independent, and the litigation results will not have an adverse impact on the operation of the company. Impact on Listed Companies: the judgment of this litigation is final. If the final shares of the actual controller of the company are judicially disposed, the shares of the company held by the actual controller may change. However, the final actual impact must be subject to the final judicial disposal, and the majority of investors should pay attention to the investment risk. 1、 Basic information of litigation
Dalian Morningstar Network Technology Co.Ltd(002447) (hereinafter referred to as the “company” or “listed company”) recently received a notice from the actual controller, Mr. Xue Chengbiao, who recently received the civil judgment of Jiangsu Higher People’s Court [(2021) suminzhong No. 1860], The plaintiff Xiangshui County Guanhong Trade Co., Ltd. (hereinafter referred to as “Guanhong trade”) filed a lawsuit on guarantee contract dispute on the ground that Xiangshui County Huxiang Supply Chain Management Co., Ltd. failed to repay its shareholder’s loan, suing Shanghai Wuhe Trade Co., Ltd. (hereinafter referred to as “Wuhe trade”) and its legal representative Wang Xiaolin, shareholder Huang Xiaoli, Wang Dabin, Xue Chengbiao, Jiang Liying Fang Wenhui. Now the trial of the first instance [(2020) Su 09 min Chu No. 573] and the second instance [(2021) Su min Zhong No. 1860] of the case has been concluded.
2、 Judgment or ruling
1. On April 22, 2021, Yancheng intermediate people’s Court of Jiangsu Province made the following civil judgment on Guanhong trade v. Wuji trade, Wang Xiaolin, Huang Xiaoli, Wang Dabin, Xue Chengbiao, Jiang Liying and Fang Wenhui’s dispute over guarantee contract (hereinafter referred to as “dispute over guarantee contract”):
1) We, trade, Huang Xiaoli, Wang Dabin and Xue Chengbiao shall jointly pay off Guanhong trade 152082122 yuan, interest and lawyer’s fee 390000 yuan within 30 days from the effective date of the judgment;
2) Wang Xiaolin shall be jointly and severally liable to Guanhong trade for 109429955 yuan, interest and lawyer’s fee of 280000 yuan in the debts of us and trade, Huang Xiaoli, Wang Dabin and Xue Chengbiao within 30 days from the effective date of the judgment;
3) Jiang Liying shall, within 30 days from the effective date of the judgment, be jointly and severally liable to Guanhong trade for the debt of 42652166 yuan, interest and lawyer’s fee of 100000 yuan against us, Huang Xiaoli, Wang Dabin and Xue Chengbiao.
2. In May 2021, Wuji trade, Wang Xiaolin, Huang Xiaoli, Wang Dabin and Xue Chengbiao appealed to the higher people’s Court of Jiangsu Province for refusing to accept the above judgment of Yancheng intermediate people’s Court of Jiangsu Province. Jiangsu Higher People’s court filed the case on September 2, 2021.
3. On February 17, 2022, the higher people’s Court of Jiangsu Province made a judgment on the dispute over this guarantee contract: rejecting the appeal and upholding the original judgment. This judgment is final.
3、 Freezing of shares of the company held by the actual controller
Jiangsu Yancheng intermediate people’s court delivered the notice of assistance in execution to Shenzhen Branch of China Securities Depository and Clearing Co., Ltd. on July 28, 2021 according to the property preservation application submitted by Guanhong trade, and completed the service of the notice of assistance in execution on August 4, 2021. Xue Chengbiao’s 99.63 million shares of the company were frozen due to the above guarantee contract dispute. See the announcement (2021042) disclosed by the company on August 28, 2021 for details.
4、 Impact on the company
After receiving the judgment of Jiangsu Higher People’s Court (2021) suminzhong (1860), Mr. Xue Chengbiao, the actual controller of the company, disagreed with the court’s determination of facts, evidence and applicable law. At present, he has entrusted a lawyer to apply for retrial to safeguard his legitimate rights and interests.
At present, the production and operation of the company is normal, which is completely separated from the actual controller Mr. Xue Chengbiao in terms of assets and has independent and complete assets, business and independent operation ability. The litigation results will not have an adverse impact on the production and operation of the company. If the final shares of the actual controller of the company are judicially disposed of, it may lead to changes in the shares of the company held by the actual controller. The company will actively pay attention to the progress of the above matters and urge the actual controller to timely perform the obligation of information disclosure in accordance with relevant laws and regulations.
5、 Documents for future reference
Civil judgment of Jiangsu Higher People’s Court [(2021) suminzhong No. 1860]
It is hereby announced.
Dalian Morningstar Network Technology Co.Ltd(002447) board of directors March 8, 2002
