Securities code: Landai Technology Group Corp.Ltd(002765) securities abbreviation: Landai Technology Group Corp.Ltd(002765) Announcement No.: 2022028
Landai Technology Group Corp.Ltd(002765)
Announcement on litigation / arbitration and litigation progress of 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.
Recently, Chongqing Landai transmission Co., Ltd. (hereinafter referred to as “Landai transmission”), a subsidiary of Landai Technology Group Corp.Ltd(002765) (hereinafter referred to as “the company”), received the subpoena, notice of arbitration, civil ruling and enforcement ruling issued by relevant courts and arbitration commissions.
The company’s subsidiaries, Landai transmission, Chongqing dihan Power Machinery Co., Ltd. (hereinafter referred to as “dihan machinery”), Chongqing Landai Electronic Technology Co., Ltd. (formerly known as Chongqing beichi Landai automobile transmission Co., Ltd., hereinafter referred to as “Landai Electronics”) Chongqing taiguan Technology Co., Ltd. (hereinafter referred to as “Chongqing taiguan”) filed a lawsuit to the people’s court with jurisdiction in the early stage due to the payment for goods with some of its customers or the sales contract dispute with suppliers. See the company’s documents on April 18, 2020, July 21, 2020, for the details of relevant litigation subjects, litigation claims, litigation facts and reasons and litigation progress September 11, 2020, October 9, 2020, October 27, 2020, December 19, 2020, April 7, 2021, June 22, 2021, July 16, 2021 and December 22, 2021 were posted on cninfo.com（ http://www.cn.info.com.cn. ）And other information disclosure media designated by the company, such as announcement on litigation filed by subsidiaries (Announcement No.: 2020026), announcement on litigation progress and new litigation filed by subsidiaries (Announcement No.: 2020054), announcement on new litigation filed by subsidiaries (Announcement No.: 2020072, 089) Announcement on new litigation and litigation progress of subsidiaries (Announcement No.: 2020094), announcement on litigation progress of subsidiaries (Announcement No.: 2020120), announcement on new litigation and litigation progress of subsidiaries and litigation involved (Announcement No.: 2021018) Announcement on new litigation and litigation progress (Announcement No.: 2021059), announcement on litigation progress (Announcement No.: 2021075), announcement on litigation and progress of subsidiaries (Announcement No.: 2021138).
The company’s subsidiaries involved in litigation / arbitration cases and the progress of relevant litigation are hereby announced as follows:
1、 Basic information of litigation / arbitration involving subsidiaries of the company
1. Case 1 involves litigation and preservation ruling
(1) Parties to the case
Defendant: Chongqing Landai transmission Co., Ltd
(2) Court of litigation and case number
Chongqing first intermediate people’s Court (case No.: (2021) Yu 01 min Chu No. 8641)
(3) Claim
1) The defendant was ordered to pay US $3116000 for the goods according to law.
2) Order the defendant to pay the loss of overdue payment according to law: the loss of overdue payment from April 17, 2020 to the date of actual performance based on US $1558000 and calculated at the market quotation interest rate (LPR) of one-year loan of 4.05% plus 50%; The loss of overdue payment from April 17, 2021 to the date of actual performance based on USD 1558000 and calculated at the market quoted interest rate (LPR) of one-year loan of 3.85% plus 50%; The above overdue payment losses are temporarily consolidated to August 31, 2021, totaling USD 16394535.
3) The defendant was ordered to pay US $1249000 for other losses in accordance with the law.
4) Order the defendant to bear the litigation costs of the case according to law.
(4) Facts and reasons of litigation
The plaintiff and the defendant signed the transmission assembly line procurement contract (hereinafter referred to as the “contract”) on January 2, 2018, which agreed that the plaintiff would provide the defendant with an automatic transmission assembly line (hereinafter referred to as the “equipment”), with a total contract amount of US $15580000. The contract stipulates that the defendant shall pay 10% of the total contract amount after the final acceptance of the equipment is completed, and 10% of the total contract amount if there is no quality problem after 12 months after the final acceptance of the equipment.
The plaintiff believed that after the contract was signed, the plaintiff fulfilled its obligations under the contract, but the delay in equipment pre acceptance, transportation, installation, commissioning and other work caused by the defendant’s unilateral reasons resulted in the plaintiff’s loss of personnel costs of US $1249000; As of the date of prosecution, the defendant still owed the plaintiff $3116000 in contract payment.
As of the disclosure date of this announcement, the case has not been heard.
(5) Case preservation ruling
According to the civil ruling (case No.: (2021) yu01 minchu No. 8641) and execution ruling (case No.: (2022) yu01 Zhibao No. 34) issued by Chongqing No. 1 Intermediate People’s Court (hereinafter referred to as “Chongqing No. 1 Intermediate People’s court”), The plaintiff Hanwha Corporation applied to Chongqing No. 1 Intermediate People’s court for preservation measures against the property of the defendant Landai transmission with the value of RMB 2925789275, and the Chongqing Branch of DuPont Property Insurance Co., Ltd. provided guarantee to Chongqing No. 1 Intermediate People’s court. Chongqing No. 1 Intermediate People’s court made a ruling granting the plaintiff’s application for property preservation, and took preservation measures accordingly, ruling to seal up, detain and freeze the property worth 2925789275 yuan under the defendant’s name. As of the disclosure date of this announcement, Chongqing No. 1 Intermediate People’s court has frozen the funds in the defendant’s bank account of RMB 3170000 for one year; The B4 plant owned by the defendant, located at No. 100 Jianshan Road, Biquan street, Bishan District, Chongqing, was sealed up for a period of three years.
2. Case 2 involves arbitration and preservation ruling
(1) Parties to the case
Applicant: Ricardo technology consulting (Shanghai) Co., Ltd
Respondent: Chongqing Landai transmission Co., Ltd
(2) Arbitration Commission initiating arbitration and case number
China International Trade Arbitration Commission Beijing Branch (case No.: dsc20212348)
(3) Arbitration claim
1) Request the respondent to make a ruling and pay the fifth phase of the contract payment of RMB 990000 to the applicant.
2) Request the respondent to make a ruling and pay 990000 yuan to the applicant for the sixth phase of the contract.
3) Request the ruling that the respondent shall bear the reasonable lawyer’s fee of 63600 yuan (including taxes) paid by the applicant for this case.
4) Request the respondent to bear the arbitration fee of the case.
(4) Facts and reasons of arbitration
The applicant and the respondent signed the “Landai 6-speed automatic transmission control software development contract” and relevant annexes (hereinafter referred to as the “contract”) on March 17, 2016, which agreed that the applicant would provide the respondent with technical development services of 6at control software, with a total contract price of RMB 19.8 million, and the contract price would be paid in six installments according to the service progress of the applicant.
The applicant believes that after the contract came into effect, the applicant provided the respondent with technical services and delivered relevant work results according to the contract, but the respondent failed to pay part of the contract payment as agreed in the contract. As of the date of the applicant’s application for arbitration, the respondent still owed 50% of the fifth phase of the contract payment under the applicant’s contract and the sixth phase of the contract payment totaling RMB 1980000.
As of the disclosure date of this announcement, the case is still under trial.
(5) Case preservation ruling
According to the civil ruling (case No.: (2022) Yu 0120 Cai Bao No. 50) and execution ruling (case No.: (2022) Yu 0120 Zhi Bao No. 223) issued by Bishan District People’s Court of Chongqing, The applicant Ricardo technology consulting (Shanghai) Co., Ltd. has applied to the people’s Court of Bishan District of Chongqing for preservation measures for the property worth 1980000 yuan under the name of the respondent Landai transmission, which is guaranteed by Ancheng Property Insurance Co., Ltd. The Bishan District People’s Court of Chongqing made a ruling granting preservation, ruling to freeze the respondent’s deposit of 1980000 yuan in the bank for a period of one year. As of the disclosure date of this announcement, Chongqing Bishan District People’s court has frozen the funds in the respondent’s bank account of RMB 1980000.
2、 Progress of litigation cases filed by subsidiaries of the company
1. Parties to the case
Appellee (plaintiff of first instance): Chongqing Landai transmission Co., Ltd
Appellant (defendant of first instance): Chongqing aimote Auto Parts Co., Ltd
2. Court of litigation and case number
Chongqing first intermediate people’s Court (case No.: (2021) Yu 01 min Zhong No. 8796)
3. Progress of litigation
(1) Case acceptance and judgment of first and second instance
For the acceptance of the case of the plaintiff Chongqing Landai transmission Co., Ltd. suing the defendant Chongqing aimot Auto Parts Co., Ltd. and the judgment of the first and second instance, see the announcement on the new prosecution and litigation progress of subsidiaries (Announcement No.: 2020094) disclosed by the company on October 27, 2020, June 22, 2021 and December 22, 2021 respectively Announcement on new litigation and litigation progress (Announcement No.: 2021059) and announcement on litigation and progress of subsidiaries (Announcement No.: 2021138).
(2) Case implementation
After the judgment of the second instance came into force, the plaintiff and the defendant agreed on the execution plan for the execution of the judgment. The plaintiff Landai transmission has recently received the full payment of RMB Shanghai Pudong Development Bank Co.Ltd(600000) from the defendant according to the above execution plan. The case has been closed.
3、 Progress of unsettled cases of economic litigation of subsidiaries of the company and progress of creditor’s rights declaration
As of the disclosure date of this announcement, the progress of unsettled cases and related claims declaration of the company’s subsidiaries are as follows:
(I) cumulative progress of litigation cases filed by subsidiaries of the company against customers and progress of relevant creditor’s rights declaration
1. Litigation cases and progress of subsidiaries of the company against customers
Unit: RMB 10000
Plaintiff defendant case No. litigation subject litigation progress judgment / adjustment remarks
Amount of settlement
Lan Dai becomes Hubei meiyang automobile industry (2020)
Speeder Co., Ltd. 0691 minte 98 317.20 civil mediation 300.00 see Note 2 ④
number
Blue Dai becomes Chongqing Zhongtai automobile industry (2020)
Reducer Co., Ltd. 0120 early Republic of China 273.07 withdrawal – see Note 2 ③
6809
Chongqing Zhongtai new energy automobile (2020)
Landai vehicle Transformation Technology Research Institute Co., Ltd. 0120 early Republic of China 59.39 withdrawal – see Note 2 ②
Speed reducer company / Chongqing Zhongtai automobile No. 6810
Industrial Co., Ltd
Lan Dai becomes Linyi Zhongtai auto parts (2020) Lu
Speed device manufacturing Co., Ltd. 1392 the early Republic of China 108487 withdrew the lawsuit. See Note 2 ①
2045
Landay Chongqing Kate Power Technology (2020) Co., Ltd
Subsidiary company 0112 early Republic of China 584.24 civil mediation 558.36 see note 3
7782
Lan Dai Dian Chongqing Bisu Yunbo power (2020) Chongqing
Subsidiary Technology Co., Ltd. 0112 early Republic of China 110.45 first instance judgment 48.79
9779
LAN daibian (2021) Jiangxi civil mediation;
Speeder hanteng Automobile Co., Ltd. 1104 early Republic of China 657.43 application for compulsory 654.43
Executive Order No. 1979
Note 1: the amount of the subject matter of the above litigation and the amount of judgment (mediation) do not include the loss of fund occupation. Due to the civil mediation / judgment of first instance / second instance made in the above cases, there is still uncertainty in the judgment or execution result of the case, so it is impossible to count the loss of relevant fund occupation.
Note 2: ① according to the civil ruling of the people’s Court of Shandong Linyi Economic and Technological Development Zone (2020 Lu 1392 Po No. 4-1), the people’s Court of Shandong Linyi Economic and Technological Development Zone ruled to accept Linyi Zhongtai Auto Parts Manufacturing Co., Ltd. and Linyi Zhongtai auto mould on September 2, 2020
