Stock Code: Shenzhen Huakong Seg Co.Ltd(000068) stock abbreviation: Shenzhen Huakong Seg Co.Ltd(000068) Announcement No.: 202216 Shenzhen Huakong Seg Co.Ltd(000068)
Announcement on receiving the award of Beijing Arbitration Commission
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.
Special tips:
1. The litigation (Arbitration) stage of the case: this arbitration is the final award;
2. The party status of the listed company: the respondent;
3. Amount involved: 21761913813 yuan (refers to RMB, the same below);
4. Impact on the profits and losses of listed companies: according to the results of this arbitration award, the entrusted financial management agreement and the letter of commitment are invalid. The applicant and the respondent shall bear the commercial and legal consequences of the invalid contract in the same proportion. The company shall pay 21761913813 yuan to the applicant Tongfang Investment Co., Ltd. according to the requirements of the award, The final impact of the arbitration result on the company will depend on the actual performance and implementation of the arbitration award. How to distribute the relevant rights and interests of 40.5% shares of the environment of the same party involved in the case has not been decided in this case. The final profit and loss of the listed company is related to how to distribute the relevant rights and interests of 40.5% shares of the same party environment. The final affected amount and relevant accounting treatment shall be subject to the subsequent relevant measures taken by the company and the results confirmed by the audit of the accounting firm.
1、 Basic information of this arbitration
Recently, Shenzhen Huakong Seg Co.Ltd(000068) (hereinafter referred to as “the company” Shenzhen Huakong Seg Co.Ltd(000068) “or” the respondent “) received the award (2022) jzzz No. 1302 made by Beijing Arbitration Commission (Beijing International Arbitration Center) (hereinafter referred to as” Beijing Arbitration Commission “). For details of the arbitration case, please refer to the announcement on receiving the arbitration application (202041), the announcement on receiving the civil ruling (202051), the announcement on arbitration progress and property preservation (202053) issued by the company on the designated information disclosure media on July 29, 2020, September 9, 2020, September 16, 2020 and January 26, 2022 Announcement on the progress of arbitration cases (202202).
2、 Basic information about the case
(I) parties to arbitration
Applicant: Tongfang Investment Co., Ltd
Address: No. 13159, Yuqing East Street, Weifang hi tech Development Zone, Shandong Province (room 909, hi tech building)
Entrusted agents: Yao Xiaomin, Zhang Xiaoke and Liu Meichen are lawyers of Beijing Lantai law firm
Respondent: Shenzhen Huakong Seg Co.Ltd(000068)
Address: Main plant CH3, north of Lanzhu Avenue, large industrial zone, Pingshan new area, Shenzhen, Guangdong
Entrusted agents: Wang Chengjie, Dong Jian, Cui Wei, Dai Yue and Zheng Yu are lawyers of Beijing global law firm
(II) the applicant’s final arbitration claim
1. The respondent repaid the principal of the applicant 432345600 yuan and the income of 836784180 yuan;
2. The respondent shall repay the penalty interest of the applicant from the date of overdue to the date of actual repayment. The penalty interest shall be calculated and charged daily at the daily interest rate of three thousandths (0.3 ‰) based on the sum of the principal and income of the entrusted fund, which is temporarily calculated to be 1432824389 yuan by July 6, 2020;
3. The respondent shall bear the arbitration fee of the case, as well as the preservation fee of 5000 yuan, lawyer fee of 1000000 yuan and preservation guarantee fee of 35061053 yuan paid by the applicant for handling the case.
(III) basic information of the case
The applicant said: in January 2017, the applicant and the respondent signed the entrusted financial management agreement and the commitment letter. The entrusted financial management agreement stipulates that the applicant entrusts the respondent with financial management, and the entrusted fund is 432345600 yuan. The entrusted fund is divided into two parts, the first is 86469120 yuan and the second is 345876480 yuan. The payment of the entrusted fund shall be separately agreed by both parties. The entrusted period of the first entrusted fund is February 13, 2017, and the entrusted period of the second entrusted fund is August 13, 2017. The income of the two entrusted funds is calculated according to the benchmark loan interest rate of the people’s Bank of China for the same period. The entrusted financial management agreement also stipulates that within 10 working days from the expiration of the entrusted financial management period, the respondent shall pay the corresponding entrusted funds and the agreed entrusted financial management income to the bank account designated by the applicant. If the respondent fails to return the principal of the entrusted funds or pay the entrusted financial management income on time, it shall pay the penalty interest at the interest rate of 0.03% per day for the overdue part.
The applicant claims that the commitment letter specifies that the commitment letter is an integral part of the entrusted financial management agreement signed by both parties. The commitment letter specifies that the fund entrusted by the applicant to the respondent for financial management is 432345600 yuan, which is paid to Shanghai duomai environmental protection technology center (limited partnership) 86469120 yuan according to the share purchase agreement of Tongfang environment Co., Ltd. approved by the respondent Beijing Xinyuan Hengfeng Investment Management Co., Ltd. has 345876480 yuan, which is actually used by the respondent to purchase 40.50% equity of Tongfang environment. The applicant does not need to pay any more money to the respondent, and the respondent promises to return the principal and income in accordance with the entrusted financial management agreement. (IV) basic information of arbitration cases
According to the arbitration application submitted by the applicant Tongfang Investment Co., Ltd. with Shenzhen Huakong Seg Co.Ltd(000068) as the respondent, the arbitration clause in the entrusted financial management agreement and the provisions of relevant laws, the North China Arbitration Commission accepted the dispute arbitration case between the applicant and the respondent arising from the above agreement (hereinafter referred to as the “case”) on July 13, 2020. The case number is (2020) Jingzhong case Zi No. 2257. The trial of this case has been completed. The arbitration tribunal makes this award in accordance with the court hearing and evidentiary materials and the provisions of relevant laws and arbitration rules. 3、 Arbitration award
Based on the facts of the dispute identified by the arbitration tribunal, as well as the relevant provisions of the contract and relevant laws and regulations in this case, and in accordance with the majority opinion of the arbitration tribunal, the arbitration tribunal ruled as follows:
(I) the respondent pays 216172800 yuan to the applicant;
(II) reject other arbitration claims of the applicant;
(III) reject all counterclaims of the respondent;
(IV) the arbitration fee of this case is 285547626 yuan (including 164084358 yuan of the arbitrator’s remuneration and 121463268 yuan of the organization fee, which have been paid in full by the applicant in advance), which shall be borne by the applicant and the respondent respectively, and the respondent shall directly pay the applicant 142773813 yuan of the arbitration fee advanced by the applicant on its behalf; The counterclaim arbitration fee of this case is 18600 yuan (including 13000 yuan for the arbitrator and 5600 yuan for the institution, which has been paid in full by the respondent in advance), which shall be borne by the respondent.
The respondent shall pay all the amounts payable by the respondent to the applicant in the above ruling within 10 days from the date of service of this ruling. If the payment is overdue, the interest on the debt during the period of delayed performance shall be doubled in accordance with the provisions of Article 260 of the Civil Procedure Law of the people’s Republic of China.
This ruling is final and effective from the date of making.
4、 Are there any other undisclosed litigation or arbitration matters
In addition to the above arbitration, the company (including the holding subsidiaries of the company) has not disclosed the small claims and arbitration involving a total amount of 592263079 yuan (including 467266417 yuan as the plaintiff and 124996662 yuan as the defendant), and the cumulative amount involved does not meet the circumstances that should be disclosed as stipulated in the stock listing rules of Shenzhen Stock Exchange. See the attached table for details.
The company has no other litigation and arbitration matters that should be disclosed but not disclosed.
5、 Possible impact of this arbitration on the company’s profits in the current period or after the current period
According to the results of this arbitration award, the entrusted financial management agreement and the letter of commitment are invalid. The applicant and the respondent shall bear the commercial and legal consequences of the invalidation of the contract in the same proportion. The company shall pay 21761913813 yuan to the applicant Tongfang Investment Co., Ltd. according to the requirements of the award. The final impact of this arbitration result on the company will depend on the actual performance and implementation of the arbitration award, How to distribute the rights and interests related to 40.5% shares of the environment of the same party involved has not been decided in this case. The final profit and loss of the listed company is related to how to distribute the relevant rights and interests of 40.5% shares of the same party environment. The final affected amount and relevant accounting treatment shall be subject to the subsequent relevant measures taken by the company and the results confirmed by the audit of the accounting firm.
The company will pay close attention to the progress of the above arbitration matters, timely fulfill the obligation of information disclosure, and earnestly safeguard the interests of the company and all shareholders. Please pay attention to investment risks.
6、 Documents for future reference
Award of Beijing Arbitration Commission [(2022) jzzz No. 1302].
It is hereby announced.
Shenzhen Huakong Seg Co.Ltd(000068) board of directors April 12, 2002
Attached table:
Statistics of cumulative litigation cases of the company and its subsidiaries within the scope of consolidated statements
No. plaintiff defendant cause of action amount involved (yuan) court case No. case progress
Beijing zhonghuanshi
Discipline 1 engineering design Zherong County zhaochen industrial construction project supervisor 361071500 Fujian Ningde Zherong county (2022) min 0926 first instance has been held on March 9, 2022 by the people’s Court of contract disputes of limited liability company on the 88th day of the Republic of China, pending the judgment of the company
Beijing zhonghuanshi
Discipline 2 engineering design Ningde Chengyou metal products construction project supervision 53221997 the first instance of Min 0926 in Zherong county (2022) of Ningde City, Fujian Province was held on March 9, 2022 by the people’s court for contract disputes of limited liability company, pending judgment of the company
Beijing zhonghuanshi
Discipline 3 engineering design Ningde Jiulian metal products construction project supervision 52972920 the first instance of Min 0926 people in Zherong county (2022) of Ningde City, Fujian Province has been held on March 9, 2022, the people’s court for contract disputes of 3 Co., Ltd., pending the judgment of the company
In the first instance, the labor remuneration dispute of Wang Shenzhen Shenzhen Huakong Seg Co.Ltd(000068) shares was originally scheduled to open on March 15, 2022, and the hearing was suspended due to the Shenzhen epidemic [2022] No. 158 of the dispute arbitration committee of limited company, The date of the hearing is to be notified.
5 he Shenzhen Shenzhen Huakong Seg Co.Ltd(000068) real estate shareholders damaged corporate bonds 9394631 Shenzhen Futian District People’s Court (2021) yue0304 people’s first instance, and the court session was held at 9:30 on April 13, 2022
6 Huang Shenzhen Shenzhen Huakong Seg Co.Ltd(000068) real estate shareholders damage corporate bonds 4173201 Shenzhen Futian District People’s Court (2021) yue0304 people’s first instance, the court held a court session at 9:30 on April 13, 2022
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