Securities code: 002547 securities abbreviation: Suzhou Chunxing Precision Mechanical Co.Ltd(002547) Announcement No.: 2021-104 Suzhou Chunxing Precision Mechanical Co.Ltd(002547)
About receiving the notice of accepting the case and the company and its subsidiaries
Announcement concerning the progress of litigation
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.
Suzhou Chunxing Precision Mechanical Co.Ltd(002547) (hereinafter referred to as “the company”, ” Suzhou Chunxing Precision Mechanical Co.Ltd(002547) “) and its subsidiary Huizhou Suzhou Chunxing Precision Mechanical Co.Ltd(002547) Co., Ltd. (hereinafter referred to as “Huizhou Chunxing”) filed a lawsuit with Suzhou intermediate people’s Court of Jiangsu Province on the dispute over equity transfer with Anton International Co., Ltd. (hereinafter referred to as “Anton international”), Recently, he received the notice of accepting cases [(2021) Su 05 min Chu No. 2434] issued by the intermediate people’s Court of Suzhou City, Jiangsu Province. The details are as follows:
1、 Background information related to this case
On March 10, 2021, the company disclosed that the company and its subsidiary Huizhou Chunxing were sued by Huizhou Anton hardware, plastic and Electronics Co., Ltd. (hereinafter referred to as “Huizhou Anton”) to Huizhou intermediate people’s Court of Guangdong Province for property protection disputes. For details, see announcement on litigation involving the company and its subsidiaries (2021-009).
On December 9, 2021, the company disclosed that it had received the civil judgment [(2020) Yue 13 min Chu No. 315] served by Huizhou intermediate people’s Court of Guangdong Province, which ordered the company to return bofgy (2011) No. 210027, bofgy (2005) No. 210156 Yue (2017) BOLUO County real estate property right No. 0000383 land (except for the open space without buildings on the west side of phase II plant) and aboveground buildings, and pay the occupation and use fees of the above land and aboveground buildings. See the announcement on the progress of litigation involving the company and its subsidiaries (2021-096) for details.
Because the company actually used the land involved based on the intention agreement and invested in the decoration and transformation costs of the land and plant involved, Anton international signed an equity transfer agreement with others without notifying the company and its subsidiaries, in order to recover or reduce relevant losses, The company and its subsidiary Huizhou Chunxing filed a lawsuit with Suzhou intermediate people’s Court of Jiangsu Province on the dispute over equity transfer with Anton International Co., Ltd.
2、 Current progress
The company recently received the notice of accepting cases [(2021) Su 05 min Chu No. 2434] issued by the intermediate people’s Court of Suzhou City, Jiangsu Province. The specific contents are as follows:
(i) Parties to the case
Plaintiff I: Suzhou Chunxing Precision Mechanical Co.Ltd(002547)
Plaintiff 2: Huizhou Suzhou Chunxing Precision Mechanical Co.Ltd(002547) Co., Ltd
Defendant 1: Anton International Co., Ltd
Defendant 2: Huizhou Anton Hardware Plastic Electronics Co., Ltd
Defendant 3: Huizhou Yuexing Property Management Co., Ltd
（2） Claims in the case
1. Order defendant 1 and defendant 3 to return RMB 41 million and interest loss to plaintiff 1;
2. Order the defendant 2 to return to the plaintiff 2 the administrative fine advanced by the plaintiff of 640000 yuan;
3. The defendant 1 and the defendant 2 were ordered to pay the plaintiff 1 the expansion capacitor project payment of RMB 1.33 million advanced by the plaintiff 1;
4. Order the three defendants to compensate the two plaintiffs for the total loss of RMB 180 million (provisional estimate, the actual situation shall be subject to the court’s assessment);
5. Order the three defendants to bear the litigation costs and preservation costs of the case. The above total: 232556400 yuan.
（3） Main facts and reasons of this case
On January 20, 2016, the company and its subsidiary Huizhou Chunxing signed the equity transfer intention agreement (hereinafter referred to as the intention agreement) with Anton international, which agreed that Anton international would transfer its 100% equity of Huizhou Anton to the company at the price of 120 million yuan, and its core assets were land, plant and environmental protection qualification. According to the agreement, the company has successively paid 41 million yuan of interest money to Anton international. After the formal signing of the equity transfer agreement, the interest money is directly converted into equity transfer money. It is agreed that the signing period of the formal equity transfer contract is June 30, 2016. Anton international delivered Huizhou Anton’s core assets land, plant and environmental protection qualification, pollutant discharge license, seal, bank U shield, etc. on April 19, 2016.
According to the agreement of intent, “Anton international promises to handle the state-owned land use certificate of 25675 square meters of land before June 30, 2016, and complete the property right certificate of all houses before June 30, 2016. So far, the 119618 square meters of land and 60984 square meters of houses owned by the subject company have been sold
Have legal ownership “. However, on June 30, 2016, Anton international failed to fully handle the state-owned land use certificate of 119618 square meters of land and the house property right certificate of 60984 square meters in accordance with the intention agreement, which led to the failure to sign the equity transfer agreement on time. It was not until June 2019 that the company learned that Anton international had already transferred its equity to Huizhou Yuexing Property Management Co., Ltd. (hereinafter referred to as “Yuexing property”) on December 27, 2018. However, before Anton international transferred its equity to Yuexing property, the company had already completed the expansion, transformation and decoration of the land and plant involved. Anton international registered the equity transfer of Huizhou Anton to Yuexing property, which seriously infringed on the interests of the company.
Now, the company will be informed to Suzhou intermediate people’s Court of Jiangsu Province three times to request support for all litigation claims of the company.
3、 Other litigation cases and progress of the company related to Anton international and Huizhou Anton
Dispute over equity transfer between the company and Anton international, a shareholder of Huizhou Anton
In June 2019, when the company found that Anton international changed the equity of Huizhou Anton to Yuexing property, it immediately filed a lawsuit with Huizhou intermediate people’s court to request the court to judge that Anton international transferred 100% equity of Huizhou Anton still registered in the name of Anton international to Yuexing property and the equity transfer contract was invalid. Huizhou intermediate people’s court made a first instance judgment on the lawsuit on May 20, 2020: rejecting the company’s claim. The company filed an appeal to the higher people’s Court of Guangdong Province on May 31, 2020, and received the judgment of second instance in February 2021: rejecting the appeal and upholding the original judgment.
The company applied to the Supreme People’s Court of the people’s Republic of China (hereinafter referred to as the “Supreme Court”) for retrial of the case, and received the notice of acceptance of civil application retrial case with case No. [(2021) supreme law min Shen No. 5970] issued by the Supreme Court on September 22, 2021. The case is still under filing and review.
4、 Possible impact of the lawsuit announced this time on the company’s current profits or future profits
As the above-mentioned cases have not yet been heard, the impact of this litigation on the company’s current profits or future profits is uncertain. Please pay attention to the investment risks.
The company will continue to use legal means and other legal means to resolutely safeguard the interests of the company and all shareholders. The company will pay close attention to the follow-up progress of the case and timely perform the obligation of information disclosure in accordance with relevant regulations. Please pay attention to the investment risks.
5、 Documents for future reference
1. Suzhou intermediate people’s Court of Jiangsu Province (2021) Su 05 min Chu No. 2434 notice of accepting cases.
It is hereby announced.
Suzhou Chunxing Precision Mechanical Co.Ltd(002547) board of directors
January 1, 2002
