Securities code: China Aluminum International Engineering Corporation Limited(601068) securities abbreviation: China Aluminum International Engineering Corporation Limited(601068) Announcement No.: pro 2022016 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 judgment of the second instance;
Party status of the listed company: the appellee (defendant of first instance) China Nonferrous Metals Industry No. 6 Metallurgical Construction Co., Ltd. (hereinafter referred to as MCC 6) is a wholly-owned subsidiary of China Aluminum International Engineering Corporation Limited(601068) (hereinafter referred to as the company);
Amount involved in the case: the amount involved in the lawsuit of the Sixth Metallurgical Group includes the liquidated damages of 4875897282 yuan, interest of 1083967358 yuan and litigation costs for the overdue delay of the project; In the related cases, MCC 6 requested Henan Taixing to pay 2253936254 yuan of project payment, 225192776 yuan of overdue payment interest, 2554221440 yuan of compensation, case acceptance fee, preservation fee, appraisal fee and other litigation expenses; Whether it will have a negative impact on the profits and losses of listed companies: since the judgment of this case has yet to be fulfilled, it is not possible to judge the impact of this lawsuit on the company’s current profits or future profits.
1、 Basic information of litigation
MCC 6 and Henan Taixing Real Estate Co., Ltd. (hereinafter referred to as Henan Taixing) signed the construction contract of construction project and the annex to the construction contract of Chunjiang Xinyuan Building 1, 2 and 3 (hereinafter referred to as the case involved contract) in 2013 to agree on the projects agreed in the contract, and Henan Taixing paid the project funds to MCC 6 according to the contract. During the construction process, MCC 6 completed the construction of Building 1 and building 2, but the project plot of building 3 did not meet the construction conditions and was at a standstill because the aboveground attachments were not removed in Taixing, Henan Province. MCC 6 filed a lawsuit with the intermediate people’s Court of Zhengzhou City, Henan Province in November 2019, requesting a judgment to terminate the contract involved, and requesting Henan Taixing to pay the remaining project funds, interest, compensation, etc. The company filed a lawsuit on August 14, 2020 with the people’s Court of Henan Province for the delay of the project and the interest that should be paid to the intermediate people’s Court of Henan Province on August 14, 2020 according to the contract (see the dispute about the delay of the project received by the intermediate people’s Court of Henan Province on August 14, 2020) The announcement of China Aluminum International Engineering Corporation Limited(601068) on litigation involving wholly-owned subsidiaries (Announcement No.: pro 2020051) disclosed.
In December 2020, the intermediate people’s Court of Zhengzhou City, Henan Province issued the civil judgment of the intermediate people’s Court of Zhengzhou City, Henan Province ((2019) Yu 01 min Chu No. 2290) on the case of MCC 6 suing Henan Taixing in November 2019; In the same month, the intermediate people’s Court of Zhengzhou City, Henan Province issued the civil judgment of the intermediate people’s Court of Zhengzhou City, Henan Province ((2020) Yu 01 min Chu No. 791) on the case of Henan Taixing v. MCC 6 in August 2020 (for details, see the company’s website of Shanghai Stock Exchange on December 31, 2020 (www.sse. Com. CN.) The announcement of China Aluminum International Engineering Corporation Limited(601068) on the progress of litigation involving wholly-owned subsidiaries (Announcement No.: pro 2020069) disclosed.
2、 Case progress
In the case of MCC 6 suing Henan Taixing in November 2019, both MCC 6 and Henan Taixing refused to accept the civil judgment (2019) Yu 01 min Chu No. 2290 issued by the intermediate people’s Court of Zhengzhou City, Henan Province, and appealed to the higher people’s Court of Henan Province. MCC 6 requested: 1 The civil judgment (2019) Yu 01 min Chu No. 2290 made by the intermediate people’s Court of Zhengzhou City, Henan Province is revoked according to law and sent back for retrial, Or change the judgment according to law that Henan Taixing pays 2253936254 yuan for the Sixth Metallurgical Project and 225192776 yuan of overdue payment interest (the interest is based on 2253936254 yuan, calculated and paid according to the loan market quotation interest rate published by the national interbank lending center from November 14, 2019 to the date of actual repayment) Within the scope of the project payment owed by Henan Taixing of 2253936254 yuan, MCC 6 enjoys the priority to be compensated for the construction project price with respect to the project discount and auction proceeds involved in the case, and Henan Taixing shall pay compensation to MCC 6 of 2554221440 yuan; 2. Henan Taixing shall bear the litigation costs such as the acceptance fee, preservation fee and appraisal fee of the first and second instance cases. Henan Taixing request: 1 Revoke the judgment of first instance according to law and change the judgment according to law; 2. The legal costs and appraisal costs of the first and second instance shall be borne by the Sixth Metallurgical Corporation.
Recently, the higher people’s Court of Henan Province issued the civil judgment ((2021) yuminzhong No. 322), which is as follows:
(I) maintain the first, third and fourth items of the civil judgment (2019) yu01 minchu No. 2290 of Zhengzhou intermediate people’s Court of Henan Province, that is, “I. rescind the annex to the construction contract for Chunjiang Xinyuan Building 1, building 2 and building 3 of Henan Taixing Real Estate Co., Ltd. signed by MCC 6 and Henan Taixing”; “Within the scope of 633366605 yuan of the project payment owed by Henan Taixing, MCC III and MCC VI enjoy the priority to be compensated for the construction project price with respect to the price obtained from the project discount and auction”; “IV. reject other claims of MCC”;
(II) change the second item of civil judgment (2019) Yu 01 min Chu No. 2290 of Zhengzhou intermediate people’s Court of Henan Province as follows: “II. Henan Taixing shall pay RMB 633366605 and interest for the Sixth Metallurgical project within 10 days after the entry into force of this judgment (the interest is based on RMB 633366605, calculated and paid according to the loan market quotation interest rate published by the national interbank lending center from November 14, 2019 to the date of actual repayment) “.
If the obligation to pay money is not performed within the period specified in this judgment, the debt interest during the period of delayed performance shall be doubled in accordance with Article 260 of the Civil Procedure Law of the people’s Republic of China.
The first instance case acceptance fee is 30238400 yuan, the preservation fee is 500000 yuan, and the appraisal fee is 62018942 yuan, totaling 92757342 yuan. The Sixth Metallurgical Corporation will bear 83481642 yuan and Henan Taixing will bear 9275700 yuan; The case acceptance fee of the second instance is 35060318 yuan, which is borne by MCC 6 of 29340000 yuan and Henan Taixing of 5620318 yuan.
This judgment is final.
In the case of Henan Taixing v. MCC 6, Henan Taixing refused to accept the civil judgment (2020) Yu 01 min Chu No. 791 issued by Zhengzhou intermediate people’s Court of Henan Province and appealed to Henan Higher People’s court. Henan Taixing requested: 1. Revoke the judgment of first instance and change the judgment according to law; 2. The legal fees and appraisal fees of the first and second instance shall be borne by the Sixth Metallurgical Corporation.
Recently, the higher people’s Court of Henan Province issued the civil judgment ((2021) yuminzhong No. 46), which is as follows:
(I) maintain the first item of civil judgment (2020) yu01 minchu No. 791 of Zhengzhou intermediate people’s court;
(II) revoke item 2 of civil judgment (2020) Yu 01 min Chu No. 791 of Zhengzhou intermediate people’s court;
(III) MCC 6 shall compensate Henan Taixing RMB 1001561100 within 15 days after this judgment takes effect.
(IV) reject other claims of Henan Taixing.
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 260 of the Civil Procedure Law of the people’s Republic of China.
The case acceptance fee of the first instance is 33979300 yuan, the preservation fee is 500000 yuan, the burden of Henan Taixing is 28685000 yuan, and the burden of MCC 6 is 5794300 yuan. The case acceptance fee of the second instance is 33979300 yuan, 28269000 yuan borne by Henan Taixing and 5710300 yuan borne by MCC 6. This judgment is final.
3、 The impact of the lawsuit announced this time on the company’s current profit or post period profit
With regard to the judgment of the above case, MCC 6 and Taixing company are discussing a settlement plan, and the company will actively seek a reasonable response plan to safeguard the legitimate rights and interests of the company. The company will timely perform the obligation of information disclosure according to the progress of the lawsuit. Please pay attention to the investment risk.
It is hereby announced.
China Aluminum International Engineering Corporation Limited(601068) board of directors March 15, 2022
Filing documents
(I) civil judgment of Henan Higher People’s Court ((2021) yuminzhong No. 46) (II) civil judgment of Henan Higher People’s Court ((2021) yuminzhong No. 322)
