Securities code: Zhejiang Guangsha Co.Ltd(600052) securities abbreviation: Dongwang times Announcement No.: lin2022020 Zhejiang Dongwang times Technology Co., Ltd
Announcement on litigation involving guarantee matters
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 first instance hearing
Position of the company: defendant
Amount involved: 20 million yuan (excluding interest, liquidated damages, other amounts to be paid under the contract, litigation costs, etc.).
Impact on the company and subsequent arrangements: 1. The major shareholder of Guangxia Construction Group Co., Ltd. (hereinafter referred to as “Guangxia construction”) Guangxia Holding Group Co., Ltd. (hereinafter referred to as “Guangxia holding”) and the actual controller have made a written commitment to Zhejiang Dongwang times Technology Co., Ltd. (hereinafter referred to as “Dongwang times” and “the company”). If Dongwang times bears joint and several guarantee liabilities due to guarantee problems, The resulting profits and losses shall be borne by the company. 2. The company may bear other guarantee liabilities such as asset deduction, and the final affected amount shall be subject to the amount of guarantee liability actually borne at that time (if any). 3. The company will continue to pay close attention to the progress of relevant cases, the rescue progress of Guangsha holdings and the performance of relevant commitments. If the above matters are less than expected, on the one hand, the company will withdraw estimated liabilities for stock guarantee based on the opinions of lawyers and accountants, which will have an impact on the profits of the company in relevant reporting periods; On the other hand, it will safeguard the interests of listed companies through the implementation of counter guarantee measures in time. 1、 Basic information of litigation cases
Recently, the company learned through public information that the company’s guarantee for Guangxia construction involves litigation and was heard in Shaoxing Yuecheng District People’s Court on March 21, 2022. The company verified the above information at the first time and received relevant legal documents on April 1, 2022. The main information is as follows:
(I) basic information of litigation
Plaintiff: Bank of Shaoxing Co., Ltd. (hereinafter referred to as “Bank of Shaoxing”)
Defendants: Guangxia Construction Group Co., Ltd., Zhejiang Dongwang times Technology Co., Ltd., Lou Zhongfu, Lou Ming and Lu yingying
Date of receipt of relevant documents by the company: April 1, 2022
Case No.: (2022) zhe 0602 min Chu No. 753
(II) facts of the lawsuit, contents and reasons of the request
1. Basic information of this lawsuit
Dongwang times, Lou Zhongfu, Lou Ming and Lu Yingying signed the maximum guarantee contract with Shaoxing bank respectively to provide guarantee for the debts of Guangxia construction in Shaoxing bank, as follows:
Main guarantee contract signing time guarantee period contract number guarantee amount (10000 yuan)
Dongwang era September 14, 2021 September 15, 2021 to 09 Shaanxi Xinghua Chemistry Co.Ltd(002109) 1601 September 15, 2022
Lou Zhongfu and Lou Ming May 29, 2019 to 09001905070111300 May 29, 2022
Lu Yingying September 14, 2021 September 15, 2021 to 09 Shaanxi Xinghua Chemistry Co.Ltd(002109) 1602 September 15, 2022, 2000
For details of the guarantee contract signed by the company, please refer to the website of Shanghai Stock Exchange (www.see. Com. CN.) on September 16, 2021 Announcement on external guarantee (Announcement No.: Pro 2021 – 073) disclosed by the company.
On September 26, 2021, Shaoxing bank and Guangxia construction signed three current loan contracts, and the above loan contracts are guaranteed by the above three maximum guarantee contracts, as follows:
Borrower Lender loan term contract No. loan amount (10000 yuan)
09 Shaanxi Xinghua Chemistry Co.Ltd(002109) 26 Xinjiang Haoyuan Natural Gas Co.Ltd(002700) Guangxia Construction Group Shaoxing Bank Co., Ltd. from September 26, 2021 to 09 Shaanxi Xinghua Chemistry Co.Ltd(002109) 2 Hangzhou Silan Microelectronics Co.Ltd(600460) 0 Co., Ltd. from September 23, 2022
09 Shaanxi Xinghua Chemistry Co.Ltd(002109) 26005 700
On January 13, 2022, Shaoxing bank submitted the civil complaint to Shaoxing Yuecheng District People’s court. Shaoxing bank proposed that: in view of the partial overdue and interest arrears of the loan for Guangxia construction; At the same time, according to the relevant provisions of the current loan loan contract, the loan was announced to be immediately due, and Guangxia construction was required to immediately repay the principal, interest and expenses of all due and undue debts under the three current loan loan contracts.
2. Plaintiff’s claim
(1) Order Guangxia construction to immediately repay the loan principal of 20 million yuan and pay interest of 373086 yuan from October 21, 2021 to January 12, 2022, with a total principal and interest of 20373086 yuan;
The interest (including penalty interest) from January 13, 2022 to the date of actual payment of the loan principal and the compound interest arising from the interest arrears from October 21, 2021 shall be calculated and paid in accordance with the relevant provisions of the people’s Bank of China and the contract. (2) It is decided that Dongwang times shall be jointly and severally liable for the above-mentioned first debt within the principal balance of no more than 20 million yuan and all other expenses agreed in the contract.
(3) It is decided that Lou Ming and Lou Zhongfu shall be jointly and severally liable for the above-mentioned first debt within the principal balance of no more than RMB 113 million and all other expenses agreed in the contract.
(4) It is ruled that Lu Yingying shall be jointly and severally liable for the principal balance of no more than 20 million yuan and all other expenses agreed in the contract.
(5) The litigation costs of this case shall be borne by the above defendants.
3. Amount involved in litigation
20 million yuan (excluding interest, liquidated damages, other amounts to be paid under the contract, litigation costs, etc.). 4. Other relevant information
The Yuecheng District People’s Court of Shaoxing City, Zhejiang Province sealed up or frozen the defendant’s relevant property according to the application of Shaoxing bank, as follows: the relevant real estate of Lou Zhongfu, Lou Ming and Guangxia construction were waiting to be sealed up; The shares of Dongwang times held by Lou Zhongfu, Lou Ming and Guangxia construction were waiting to be frozen. For details of the equity freeze, see the company’s announcement on the Shanghai Stock Exchange (www.see. Com. CN) on the same day Announcement on the freezing of shares held by shareholders of the company.
2、 Basic information of this guarantee lawsuit
The company held the first meeting of the 11th board of directors and the third extraordinary general meeting of shareholders in 2021 on July 28 and August 13, 2021 respectively, and deliberated and adopted the proposal on the external guarantee plan for 20212022. For details, see the company’s website of Shanghai Stock Exchange on July 29 and August 14, 2021 (www.sse. Com. CN.) Disclosed resolutions of the first meeting of the 11th board of directors, announcement on the external guarantee plan for 20212022 and announcement on the resolution of the third extraordinary general meeting of shareholders in 2021 (Announcement No.: pro 2021048; Pro 2021051; Pro 2021065).
3、 Basic information of Guangsha Construction
(I) basic information
Registered capital: 1 billion yuan; Legal representative: Du Zhongtan; Address: 2nd floor, No. 24, Wangjiang North Road, Baiyun Street, Dongyang City, Zhejiang Province; Date of establishment: November 8, 1994; Business scope: special grade of general contracting of housing construction engineering, grade II of general contracting of municipal public engineering construction, grade I of Building Decoration Engineering, grade I of electromechanical equipment installation engineering, etc.
(II) main financial indicators
Unit: 10000 yuan
Subject: December 31, 2020 (audited) September 30, 2021 (Unaudited)
Total assets 149968073148555171
Total liabilities 7663343675022235
Net assets 7333463773532936
Subject year 2020 January September 2021
Operating income 11943807284186270
Net profit 859793298797
(III) related relationship with the company
At present, it holds 41161190 shares of the company, accounting for 4.88% of the total share capital of the company. It is the concerted action person of the second largest shareholder of the company.
4、 Impact on the company and subsequent arrangements
1. Guangsha holdings, the major shareholder of Guangsha construction, and the actual controller have made a written commitment to the company. If Dongwang times bears joint and several guarantee liabilities due to guarantee problems, the resulting profits and losses shall be borne by it.
2. The company may bear other guarantee liabilities such as asset deduction, and the final affected amount shall be subject to the amount of guarantee liability actually borne at that time (if any).
3. The company will continue to pay close attention to the progress of relevant cases, the rescue progress of Guangsha holdings and the performance of relevant commitments. If the above matters are less than expected, on the one hand, the company will withdraw estimated liabilities for stock guarantee based on the opinions of lawyers and accountants, which will have an impact on the profits of the company in relevant reporting periods; On the other hand, it will safeguard the interests of listed companies through the implementation of counter guarantee measures in time.
5、 Guarantee as of the announcement date
As of the disclosure date of this announcement, the financing amount corresponding to the external guarantee of the company and its subsidiaries is about 11577214 million yuan, accounting for about 34.25% of the latest audited net assets of the company; The accumulated overdue and litigation related guarantee amount is about 606721400 yuan (including this time), accounting for about 17.95% of the company’s latest audited net assets (the risk exposure estimated according to the existing data does not represent the final amount).
The above matters have no impact on the production and operation of the company. The company will timely perform the corresponding information disclosure obligations according to the progress. Please pay attention to the investment risks.
Board of directors of Zhejiang Dongwang times Technology Co., Ltd. April 6, 2022
