Securities code: 603322 securities abbreviation: Super Telecom Co.Ltd(603322) Announcement No.: 2021-074 Super Telecom Co.Ltd(603322)
Announcement on the progress of litigation
The board of directors and all directors of the company guarantee that there are no false records, misleading statements or major omissions in the contents of this announcement, and bear individual and joint liabilities for the authenticity, accuracy and completeness of its contents.
Important content tips:
The litigation stage of the case: the judgment of the first instance
Party status of listed company: plaintiff
Amount involved: 89798.78 yuan of the third equity repurchase payment payable by Xiao Longyang, 329396.34 yuan of the fourth, fifth and sixth equity repurchase payment due at an accelerated date, as well as relevant interest and liquidated damages. Whether it will have a negative impact on the profits and losses of the listed company: this case is still in the appeal period of the first instance judgment, and it is impossible to judge the impact on the company’s profits in the current period or after the period.
1、 Basic information of this lawsuit
Because Lian Malin, Yang Xiancai and Xiao Longyang (hereinafter referred to as the “defendant”) who bought back the equity of Chengdu Haopu Environmental Protection Technology Co., Ltd. (hereinafter referred to as “Haopu environmental protection”) still failed to pay the second and third phase of equity repurchase in full as agreed in the agreement under repeated reminders of Super Telecom Co.Ltd(603322) (hereinafter referred to as “the company”). On July 16, 2021, the company filed a lawsuit against the above defendants in accordance with the law. For details, see the announcement on filing a lawsuit (Announcement No.: 2021-056) and the announcement on progress of filing a lawsuit (Announcement No.: 2021-061 and 2021-070) disclosed by the company.
In the litigation process of the dispute over equity transfer between the company and Xiao Longyang, the company added a lawsuit request to order Xiao Longyang to pay a total of 329396.34 yuan for the fourth, fifth and sixth equity repurchase.
2、 Litigation judgment
Recently, the company received the civil judgment of Chengdu Chenghua District People’s Court on the lawsuit between the company and Xiao Longyang. The judgment contents are as follows:“
1. Xiao Longyang shall pay 89798.78 yuan of equity repurchase to the company within 10 days from the effective date of this judgment; 2. Xiao Longyang shall pay the company a penalty of RMB 331.16 as of July 10, 2021 within 10 days from the effective date of this judgment, And pay liquidated damages from July 11, 2021 (liquidated damages: calculated from July 11, 2021 to November 16, 2021 based on 0.01% / day and 82789.45 yuan; calculated from November 17, 2021 to December 20, 2021 based on 70000 yuan);
3. Xiao Longyang shall pay the interest of 10959.3 yuan as of December 31, 2020 to the company within 15 days from the effective date of this judgment;
4. Reject other claims of the company.
If it fails to perform its obligation to pay money within the period specified in the judgment, it shall double the interest on the debt during the period of delay in performance in accordance with Article 253 of the Civil Procedure Law of the people’s Republic of China.
The case acceptance fee is 3827 yuan, 2600 yuan for the company and 1227 yuan for Xiao Longyang; The litigation preservation fee is 962 yuan, which shall be borne by Xiao Longyang.
If you are not satisfied with this judgment, you can submit an appeal petition to this court within 15 days from the date of service of the judgment, submit copies according to the number of the other party or the number of Representatives, and appeal to the intermediate people’s Court of Chengdu, Sichuan Province.
After the judgment in this case takes effect, the party liable for performance shall perform it on schedule according to law. If it fails to perform within the time limit, after the obligee applies for execution, the people’s court shall take measures to restrict high consumption, include it in the list of dishonesty, impose a fine or detain the relevant parties according to law, and if it constitutes a crime, criminal responsibility shall be investigated according to law. ”
3、 Other descriptions and impact on the company
In the course of litigation in this case, Xiao Longyang paid the company the third phase equity repurchase payment of 82789.45 yuan and the expired fourth phase partial repurchase payment of 20000 yuan. The court did not support the company’s request for Xiao Longyang to pay the accelerated maturity fourth, fifth and sixth phase equity repurchase payment.
As the case is still in the appeal period of the judgment of first instance, it is impossible to judge the impact on the company’s profits in the current period or after the period. The company will continue to pay attention to the progress of the above cases and fulfill the obligation of information disclosure in a timely manner. Please pay attention to investment risks.
It is hereby announced.
Super Telecom Co.Ltd(603322) board of directors December 31, 2021
