Securities code: China Aluminum International Engineering Corporation Limited(601068) securities abbreviation: China Aluminum International Engineering Corporation Limited(601068) Announcement No.: pro 2022014 China Aluminum International Engineering Corporation Limited(601068)
Announcement on the progress of litigation involving wholly-owned subsidiaries
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 ruling of the second instance;
The status of the listed company as a party: the plaintiff of the first instance and the appellant of the second instance, China Nonferrous Metals Construction Co., Ltd. (hereinafter referred to as MCC 12) is a wholly-owned subsidiary of China Aluminum International Engineering Corporation Limited(601068) (hereinafter referred to as the company);
Amount involved in the case: SMCC requested confirmation of bankruptcy creditor's rights against the defendant (later changed to request the defendant to pay the amount) RMB 53037620 (including: creditor's rights of project and material funds of 20983200 yuan, creditor's rights of performance bond of 3655000 yuan, creditor's rights of large-scale machines and tools of 19125560 yuan, creditor's rights of large-scale machines and tools of 9148060 yuan, creditor's rights of interest of project progress payment of 125800 yuan) and litigation costs;
Whether it will have a negative impact on the profits and losses of the listed company: for the relevant assets involved in the litigation of this announcement, the company has withdrawn sufficient impairment reserves in the financial reports of previous years in accordance with the accounting standards for business enterprises and the company's accounting policies. The company will actively take various measures and confirm and declare the creditor's rights of MCC 12 to North Heavy Industry Group Co., Ltd. (hereinafter referred to as North heavy industry), so as to safeguard the legitimate rights and interests of the company. The final realization of the creditor's rights is still uncertain. At present, it is impossible to judge the impact on the current or future profits of the company.
1、 Basic information of this lawsuit
In June 2014, MCC 12 entered into a contract for engineering equipment installation and construction and a contract for engineering equipment installation materials of a project with North heavy industry. In June 2018, Shenyang intermediate people's court appointed the liquidation group of North heavy industry as the manager of North heavy industry in the bankruptcy reorganization case of North heavy industry. In the process of declaring creditor's rights, the 12th MCC failed to declare successfully due to the liquidation group of North heavy industry and relevant personnel of North heavy industry, File a lawsuit to the Shenyang intermediate people's court located in Shenyang, Liaoning Province (for details, see the company's website of Shanghai Stock Exchange on May 8, 2021 (www.sse. Com. CN.) The disclosed announcement of China Aluminum International Engineering Corporation Limited(601068) on litigation involving wholly-owned subsidiaries (Announcement No.: p.2021025)).
2、 Case progress
At the request of the court of first instance, The claim of MCC 12 is changed to: (I) request that cnhi pay MCC 12 a sum of 53037620 yuan (including 20983200 yuan for engineering and materials, 3655000 yuan for performance bond, 19125560 yuan for delay of large machines and tools, 9148060 yuan for the value of large machines and tools, and 125800 yuan for the interest of project progress payment) ； (II) the legal costs of this case shall be borne by North heavy industry.
On September 9, 2021, Shenyang intermediate people's Court of Liaoning Province issued the civil ruling ((2021) Liao 01 min Chu No. 1295), which held that MCC 12 had objections to the confirmation of bankruptcy creditor's rights, so it should file a lawsuit to the court for confirmation of creditor's rights, and should not file a lawsuit for payment requiring North heavy industries to bear the responsibility of repayment, so as to obtain individual compensation. Shenyang intermediate people's Court of Liaoning Province ruled to reject the lawsuit of MCC 12.
In September 2021, MCC 12 appealed to the higher people's Court of Liaoning Province on the civil ruling issued by Shenyang intermediate people's Court of Liaoning Province ((2021) Liao 01 min Chu No. 1295). MCC 12 claimed that, on the one hand, MCC 12's prosecution met the conditions stipulated by the law, and the rejection of the prosecution by the court of first instance was an error in the application of the law. At the same time, The first instance ruling did not mention the handling of litigation costs and omitted litigation claims; On the other hand, the claim filed by MCC 12 in the first instance is the action of confirmation, which is changed into the action of payment at the request of the court of first instance. MCC 12's appeal is:
(I) revoke the civil ruling made by Shenyang intermediate people's court according to law ((2021) Liao 01 min Chu No. 1295);
(II) Order Shenyang intermediate people's court to conduct substantive trial;
(III) all legal costs of this case shall be borne by North heavy industry.
On January 14, 2022, Shenyang intermediate people's Court of Liaoning Province issued the civil ruling ((2021) Liao 01 min Chu No. 1295-1), Corrected the civil ruling ((2021) Liao 01 min Chu No. 1295) issued by Shenyang intermediate people's Court of Liaoning Province: (2021) Liao 01 min Chu No. 1295 civil ruling should add "the case acceptance fee of 306988 yuan paid in advance by the plaintiff China color 12 Metallurgical Construction Co., Ltd. should be refunded by the court."
Recently, MCC 12 received the civil ruling ((2021) liaominzhong No. 2602) issued by the higher people's Court of Liaoning Province. The higher people's Court of Liaoning Province held that individual creditors were not allowed to be paid off separately in the bankruptcy proceedings and did not support the appeal of MCC 12. The ruling is as follows:
Reject the appeal and uphold the original ruling.
This ruling is final.
3、 The impact of the lawsuit announced this time on the company's current profit or post period profit
For the related assets involved in the litigation of this announcement, the company has made full impairment provision in the financial reports of previous years in accordance with the accounting standards for business enterprises and the company's accounting policies. The company will actively take various measures and confirm and declare the creditor's rights of MCC 12 to North heavy industry, so as to safeguard the legitimate rights and interests of the company. The final realization of the creditor's rights is still uncertain. At present, it is impossible to judge the impact on the current or future profits of the company.
It is hereby announced.
China Aluminum International Engineering Corporation Limited(601068) board of directors March 15, 2022
Filing documents
(I) civil ruling ((2021) Liao 01 min Chu No. 1295)
(II) civil ruling ((2021) Liao 01 min Chu No. 1295-1)
(III) civil ruling ((2021) Liao min Zhong No. 2602)
