Securities code: Doushen(Beijing) Education&Technology Inc(300010) securities abbreviation: Doushen(Beijing) Education&Technology Inc(300010) Announcement No.: 2022006 Doushen(Beijing) Education&Technology Inc(300010) Technology (Beijing) Co., Ltd
Announcement on the lawsuit filed by the company
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.
Important content tips:
1. The litigation (Arbitration) stage of the case: the court has accepted the case and the first instance has opened
2. Party status of the listed company: plaintiff
3. Amount involved: 112702093011 yuan
4. Impact on the profits and losses of listed companies: this major lawsuit has not been closed, and it is not possible to accurately judge the specific impact of the matter on the company’s current profits or future profits. 1、 Basic information on the acceptance of this major lawsuit
On June 28, 2021, Doushen(Beijing) Education&Technology Inc(300010) Technology (Beijing) Co., Ltd. (hereinafter referred to as “the company”) filed a lawsuit to Jining intermediate people’s Court of Shandong Province for the construction contract dispute with Jining Renxing Education Development Co., Ltd. (defendant 1), Rencheng District Education and Sports Bureau of Jining City, Shandong Province (defendant 2) and Renxing Group Co., Ltd. (defendant 3), The intermediate people’s Court of Jining City, Shandong Province accepted the case on July 21, 2021 and issued the acceptance notice (2021) Lu 08 min Chu No. 184. On September 10, 2021, the first instance of the case opened. Later, because the defendant filed a counterclaim, the company submitted an application for change of litigation to Jining intermediate people’s Court of Shandong Province on October 18, 2021. As of the date of this announcement, the above cases have been heard in the first instance. 2、 Basic information of the case (I) litigant plaintiff: Doushen(Beijing) Education&Technology Inc(300010) Technology (Beijing) Co., Ltd. defendant 1: Jining Renxing Education Development Co., Ltd
Defendant 2: education and Sports Bureau of Rencheng District, Jining City, Shandong Province defendant 3: Renxing Group Co., Ltd. (II) facts and reasons
On August 5, 2019, the plaintiff won the bid of Rencheng district urban and rural basic education capacity improvement and guarantee system project (EPC + F) (the “case involved project”) through public bidding, and signed the construction project contract (“general contract”) with the defendant on August 30, 2019. The scope of project contracting of the case involved in the project is as follows: project capital financing, investment Professional design, decoration engineering and general coordination of design covering the above design services, procurement and installation of teaching and research equipment; Build a call center serving the second defendant and 34 schools. Item 2, paragraph 11, Article 3 of the special terms of the general contract stipulates that the plaintiff shall send a notice to the defendant I and the supervisor within 3 days after the project involved meets the conditions for preliminary acceptance. The defendant I and the supervisor shall organize acceptance within 15 days after receiving the notice. After the test is qualified, the defendant and the supervisor shall sign the acceptance form. If the defendant 1 and the supervisor fail to sign the acceptance form within 5 days after passing the acceptance, it shall be deemed that the defendant 1 and the supervisor recognize that the system has passed the acceptance. Paragraph 1 of Article 5 of the special terms stipulates that the project involved in the case is constructed in three phases, and the repayment will be made in four years after the completion of each phase. Within 90 days after the completion of each phase of the project (subject to the signing date on the completion acceptance form), the defendant shall pay 50% of the project amount actually completed in the current period and confirmed by all parties to the plaintiff. Paragraph 3 of Article 5 of the special terms stipulates that if a party to the contract fails to perform its contractual obligations or fails to perform its obligations in accordance with the agreement, resulting in losses to the other party, the breaching party shall pay liquidated damages to the non breaching party at 2% of the subject matter of the contract.
In September 2019, the plaintiff, the defendant 1 and the defendant 3 jointly signed the agreement, and the defendant 3 assumed joint and several liability guarantee for the payment obligations of the defendant 1 under the general contract.
Although the defendant I signed the general contract with the plaintiff as the nominal employer, in the actual process of carrying out the project involved in the case, the defendant II actually acted as the employer and communicated with the plaintiff about the specific problems of the project involved in the case, such as receiving the design documents provided by the plaintiff, instructing the plaintiff to start construction, organizing the acceptance of the project involved in the case, etc.
In September 2019, the plaintiff submitted the design drawings of “construction and installation engineering design effect drawings, construction drawings, wireless network and campus network” and construction and installation engineering design drawings to the defendant 2 and Shandong Dongfang Supervision Consulting Co., Ltd. (the “supervisor”).
During the period from November 1, 2019 to November 5, 2019, the defendant 2 and the supervisor sealed and issued the work confirmation contact form, indicating that the phase I school has access conditions and can start installation. The defendant 1 and the defendant 2 plaintiff actively carried out the construction of the project involved in the case according to the instructions of the defendant 1 and the defendant 2.
In June 2020, after the project involved in the case met the conditions for preliminary acceptance, the plaintiff provided the second defendant with the application form for project completion acceptance for acceptance. In August 2020, the second defendant sealed and gave feedback. In September 2020, the defendants 1 and 2 applied for the experts appointed by the government procurement center to check and accept the teaching and research equipment, installation and supporting maintenance works of 13 schools in the first phase of the project with the defendants 1, 2 and relevant personnel of each school. The expert group considered that the first phase of the project was qualified, agreed to pass the acceptance, and signed the acceptance opinion. At the same time, all schools and school leaders also sealed and confirmed in the list of information construction of each school. Moreover, in September 2020, the experts and supervisors also signed and sealed the letter of performance acceptance of government procurement. The above documents can prove that the first phase of the project involved in the case has passed the acceptance. However, the defendant I has refused to sign and seal on the ground that the defendant II has not confirmed, and the defendant II has also delayed the confirmation of acceptance for various reasons.
The first phase of the project involved in the case has passed the acceptance and most of them have been actually put into use, but the plaintiff has not received any payment from the defendant 1 and the defendant 2 so far. The plaintiff believes that the defendant 1 and the defendant 2 have been delaying the confirmation of acceptance without justified reasons, in order to obstruct the achievement of payment terms, so as to achieve the purpose of delaying payment. The behavior of the defendant 1 and the defendant 2 has constituted a serious breach of contract, which should not only pay the due amount to the plaintiff, but also bear the liability for breach of contract. The third defendant, as the guarantor, shall bear joint and several guarantee liabilities for the above repayment liabilities and liabilities for breach of contract. Therefore, the plaintiff brings a lawsuit to your court, hoping that your court will find out the facts and support all the plaintiff’s claims according to law, so as to safeguard the legitimate rights and interests of the plaintiff. (III) claims
1. Original claim
1) The defendant 1 and the defendant 2 were ordered to pay the plaintiff a total of 5123616856 yuan for the project, including 24848028 yuan for design, 923701682 yuan for construction and installation, 8768682212 yuan for equipment procurement and installation and 5 Wangsu Science & Technology Co.Ltd(300017) 89 yuan for capital interest, a total of 10247233711 yuan, and 50% of the first year, a total of 5123616856 yuan;
2) The defendant 1 and the defendant 2 were ordered to pay liquidated damages totaling 1024723371 yuan to the plaintiff; 3) Order the three defendants to be jointly and severally liable for the payment obligation of the above money;
4) Order defendant 1, defendant 2 and defendant 3 to bear the lawyer’s fee of 100000 yuan paid by the plaintiff for handling the case;
5) The first defendant, the second defendant and the third defendant shall bear the legal costs of the case.
(the three defendants shall pay RMB 52360891931 to the plaintiff for the above claims 1-4) 2. Litigation claims after change
1) Order to terminate the general contract for construction project signed by the plaintiff and the defendant I of this lawsuit;
2) The defendant I and the defendant II were ordered to pay the plaintiff a total of 10247233711 yuan for phase I project, including 24848028 yuan for phase I project design, 923701682 yuan for phase I project construction and installation, 8768682212 yuan for phase I project equipment procurement and installation, and 5 Wangsu Science & Technology Co.Ltd(300017) 89 yuan for phase I project capital interest
3) Order the defendants I and II to pay the plaintiff a total of 910503253 yuan for the project incurred in phase II, including 2529659 yuan for phase II design, 900000 yuan for phase II construction and installation, and 817973594 yuan for phase II equipment procurement and installation;
4) Order the defendants 1 and 2 to pay liquidated damages totaling 1024723371 yuan to the plaintiff;
5) Order the three defendants of this lawsuit to bear joint and several liability for the payment obligation of the above-mentioned money;
6) Order the defendant I, the defendant II and the defendant III to bear the lawyer’s fee of 100000 yuan incurred by the plaintiff in handling the case;
7) Order the defendant 1, the defendant 2 and the defendant 3 to bear the litigation costs of the case. 3、 Other undisclosed litigation and arbitration matters
As of the disclosure date of this announcement, the total amount involved in litigation and arbitration matters that have not been disclosed by the company and its subsidiaries within the scope of consolidated statements within 12 months is 338586200 yuan (including 1127021 million yuan involved in the above-mentioned major litigation cases and 1403238 million yuan involved in the announcement on litigation and property preservation matters of the company (Announcement No.: 2022005) disclosed on cninfo.com on the same day), Accounting for 44.44% of the company’s audited net assets attributable to the parent company (7618035 million yuan) in 2020. Among them, the total amount of litigation and arbitration involving the company and its holding subsidiaries as plaintiffs is about 1605622 million yuan, accounting for 21.08%, of which the above-mentioned cases account for 14.79%; The total amount of litigation and arbitration involving the company and its holding subsidiaries as defendants was about 178024 million yuan, accounting for 23.37%.
In addition, the company and its subsidiaries within the scope of consolidated statements have no other major litigation and arbitration matters that should be disclosed but not disclosed. 4、 Possible impact of litigation and arbitration matters announced this time on the company’s current or future profits
Since the litigation case announced in this announcement has not been closed, it is impossible to accurately judge the specific impact of this matter on the company’s current profit or future profit.
The company will pay close attention to and attach great importance to this lawsuit, advocate the legitimate rights and interests of the company according to law, and earnestly safeguard the interests of the company and shareholders.
The relevant information is subject to the relevant announcement disclosed by the company on the designated information disclosure media. Please pay attention to the investment risk. 5、 Documents for future reference
1. Indictment;
2. Application for change of claim;
3. Notice of case acceptance of Jining intermediate people’s Court of Shandong Province.
It is hereby announced.
Doushen(Beijing) Education&Technology Inc(300010) Technology (Beijing) Co., Ltd. board of directors March 28, 2022
