Securities code: Amethystum Storage Technology Co.Ltd(688086) securities abbreviation: Amethystum Storage Technology Co.Ltd(688086) Announcement No.: 2022030 Amethystum Storage Technology Co.Ltd(688086)
Announcement on litigation involving wholly-owned subsidiaries and actual controllers
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 legal responsibility for the authenticity, accuracy and integrity of its contents according to law.
Important content tips:
The litigation stage of the case: the case has been accepted.
The party status of the wholly-owned subsidiary of the listed company (Meizhou Jingkai Technology Co., Ltd.) and the actual controller: the defendant.
Amount involved:
1. Require Meizhou Jingkai to bear the pledge guarantee liability for the debtor’s repayment obligations (including loan principal, interest, compound interest, penalty interest and the cost of realizing creditor’s rights) with the deposits under its unit time deposit certificate (No.: 20012006);
2. Require Meizhou Jingkai to pay liquidated damages of RMB 2700000 to the plaintiff;
3. Require Mr. Zheng Mu to bear joint and several liabilities for the debts of the debtor (including loan principal, interest, compound interest, default interest and the cost of realizing creditor’s rights);
4. Require all defendants to bear the lawyer’s fee of 200000 yuan paid by the plaintiff for this case;
5. All defendants are required to bear the case acceptance fee, preservation fee and other relevant litigation costs.
Temporarily calculated based on the amount of the superscript: ￥ 119000000
Whether it will have a negative impact on the profits and losses of listed companies:
This time, Wuhua Huimin village bank filed a lawsuit against Meizhou Jingkai and its actual controller, which was registered with the company on the website of Shanghai Stock Exchange (www.sse. Com. CN.) on April 8, 2022 The disclosed (2022) Yue 1424 min Chu No. 1259 case of Amethystum Storage Technology Co.Ltd(688086) announcement on litigation filed by wholly-owned subsidiaries (Announcement No.: 2022026) is related.
If the defendant loses the lawsuit and the defendant I (debtor) and other defendants (other guarantors) are unable to bear the loan repayment liability, Meizhou Jingkai may need to bear the corresponding guarantee compensation liability, resulting in the reduction of funds in relevant accounts, which may cause the company to confirm the estimated liabilities and losses, and may lead to the risk of affecting the daily normal operation of the company. At present, the company is unable to estimate the specific impact of relevant litigation on profit and loss. Please pay attention to investment risks.
1、 Basic information of this prosecution
Meizhou Jingkai, a wholly-owned subsidiary of Amethystum Storage Technology Co.Ltd(688086) (hereinafter referred to as “the company” or ” Amethystum Storage Technology Co.Ltd(688086) “), received the notice of response from Wuhua County People’s court (2022) Yue 1424 minchu No. 1323, and Wuhua Huimin village and town bank Mr. Zheng mu, one of the actual controllers of the company, filed a lawsuit on the dispute over the financial loan contract between Guangdong huiguangxia Construction Engineering Co., Ltd. and Wuhua Huimin village bank. As of the announcement date, the case has been accepted and has not yet been heard.
2、 Basic information of litigation cases
(I) litigants
Plaintiff: Wuhua Huimin village Bank Co., Ltd
Legal representative: Xue Zhenmin
Unified social credit Code: 914414 Aerospace Hi-Tech Holding Group Co.Ltd(000901) 5343×5
Address: No. 189, Huaxing North Road, Shuizhai Town, Wuhua County, Meizhou City
Defendant 1: Guangdong huiguangxia Construction Engineering Co., Ltd
Legal representative: Zhang Meiling
Unified social credit Code: 91441424ma50ywkh5a
Address: room 103, building 2, guanhuacheng, the intersection of Jincheng Avenue and Gongye Avenue, Shuizhai Town, Wuhua County
Defendant 2: Meizhou Jingkai Technology Co., Ltd
Legal representative: Zhong Guoyu
Unified social credit Code: 91441424ma4ujw7b7q
Address: 6th floor, Kechuang building, Gongye 1st Road, economic development zone, Shuizhai Town, Wuhua County
Defendant 3: Zhang Meiling, female, Han nationality, born in October 1987
Defendant 4: Li Chanjuan, female, Han nationality, born in November 1976
Defendant 5: Zheng mu, male, Han nationality, born in November 1971
(II) claims
1. Order to terminate the working capital loan contract (22104601dqld0008), right pledge contract (22104601dqld0 Faw Jiefang Group Co.Ltd(000800) 1), guarantee contract (22104601dqld0 Faw Jiefang Group Co.Ltd(000800) 2), guarantee contract (22104601dqld0 Faw Jiefang Group Co.Ltd(000800) 3) and guarantee contract (22104601dqld0 Faw Jiefang Group Co.Ltd(000800) 4) signed between the plaintiff and the five defendants;
2. Order the defendant 1 (the defendant 1 is the debtor / borrower: Guangdong huiguangxia Construction Engineering Co., Ltd.) to immediately return the loan principal of RMB 9000000 to the plaintiff;
3. Order the defendant 2 to undertake the pledge guarantee liability for the defendant 1’s repayment obligations (including loan principal, interest, compound interest, penalty interest and the cost of realizing creditor’s rights) with the deposits under the unit time deposit certificate (No.: 20012006) in his name;
4. Order the defendant 2 to pay liquidated damages of RMB 2700000 to the plaintiff;
5. Order the guarantor of joint and several liability, defendant 3, defendant 4 and defendant 5 to bear joint and several liability for paying off the debts of defendant 1 (including loan principal, interest, compound interest, penalty interest and the cost of realizing creditor’s rights);
6. Order the above defendant to bear the lawyer’s fee of 200000 yuan paid by the plaintiff for the case;
7. The case acceptance fee, preservation fee and other relevant litigation expenses of this case shall be jointly borne by the above five defendants. (temporarily calculated based on the amount of the superscript: ￥ 119000000)
(III) facts and reasons
On January 10, 2022, the defendant applied to the plaintiff for a working capital loan totaling 9 million yuan for the purchase of ceramic tiles for business.
On January 26, 2022, the plaintiff and the defendant signed the working capital loan contract (22104601dqld0008), which agreed that: 1. The loan amount was 9 million yuan only; The loan interest rate is fixed: 4.35%; 2、 The loan term is 1 year (from January 26, 2022 to January 20, 2023); 3、 The guarantee methods are general pledge guarantee and joint guarantee guarantee; 4、 The plaintiff and the defendant agreed on the calculation standard and method of compound interest and penalty interest, corresponding liability for breach of contract and relevant rights and obligations in the contract.
On the same day, the defendant 3, the defendant 4 and the defendant 5 respectively signed the guarantee contract (22104601dqld Faw Jiefang Group Co.Ltd(000800) 2), the guarantee contract (22104601dqld Faw Jiefang Group Co.Ltd(000800) 3) and the guarantee contract (22104601dqld Faw Jiefang Group Co.Ltd(000800) 4) with the plaintiff, which agreed that: 1. Voluntarily provide joint and several liability guarantee for the creditor’s right of 9 million yuan formed by the working capital loan contract (22104601dqld0008) signed by the defendant 1 and the plaintiff; 2、 The scope of guarantee includes: the loan principal, interest, default interest, compound interest, liquidated damages, damages, etc. under the main contract, as well as the litigation fees, lawyer fees, preservation fees and other expenses for the lender to realize the creditor’s rights and security rights related to the main contract; The defendants three, four and five signed and confirmed in their respective guarantee contracts.
On the same day, the defendant 2 signed the right pledge contract (22104601dqld Faw Jiefang Group Co.Ltd(000800) 1) with the plaintiff, which agreed that: 1. The defendant 2, as the pledgor, pledged to the plaintiff a unit time deposit certificate of Wuhua Huimin village and Town Bank Co., Ltd. with the deposit certificate account name of “Meizhou Jingkai Technology Co., Ltd.”, the deposit certificate number of 20012006, the deposit certificate amount of 10 million yuan and the deposit certificate period of one year, and the guaranteed principal creditor’s right amount of 9 million yuan. 2、 The scope of pledge guarantee is the loan principal, interest, default interest, compound interest, liquidated damages, damages, etc. under the main contract, as well as the litigation fees, lawyer fees, preservation fees and other expenses for the lender to realize the creditor’s rights and security rights related to the main contract; 3、 Both parties agreed on corresponding liabilities for breach of contract. The second defendant issued the shareholder resolution of Meizhou Jingkai Technology Co., Ltd. and the pledge commitment to the plaintiff, and signed and confirmed in the above pledge contract.
After the contract was signed, the plaintiff fulfilled the obligation of granting loans to the defendant on the same day in accordance with the contract. It is reported that at present, the unit certificate of deposit provided by the second defendant to the plaintiff has been taken preservation measures by the people’s Court of Meixian District, Meizhou City, resulting in the freezing of the second defendant’s right to pledge; And the defendant 2 filed a lawsuit with Wuhua County People’s Court on April 6, 2022, asking to confirm that the right pledge contract signed between the plaintiff and the defendant 2 is not valid for the defendant 2, and asking the plaintiff to return the fixed deposit certificate of the unit.
To sum up, the working capital loan contract, the right pledge contract and the guarantee contract signed between the plaintiff and the five defendants are the true intention of all parties, and the content is legal and effective. Now the defendant’s second pledge right is frozen by the court, and the defendant’s second lawsuit to your court to confirm that the right pledge contract is invalid and return the fixed deposit certificate of the unit has constituted a breach of contract. In order to protect its own legitimate rights and interests, Now, according to the relevant contracts signed between the plaintiff and the defendant, the plaintiff has the right to terminate the contract signed between the plaintiff and the above five defendants according to law, and has the right to require the defendant to return the loan to the plaintiff, require the defendants 3, 4 and 5 to bear joint and several liability for repayment to the plaintiff, and have the right to require the defendant 2 to bear the pledge guarantee liability and corresponding liability for breach of contract for the above return obligation of the defendant 1 with the deposit under the unit certificate of deposit under his name. Therefore, the plaintiff brought a lawsuit in accordance with the civil code and other laws and their judicial interpretation, and we urge your court to support all the plaintiff’s claims in accordance with the law.
3、 The impact of the lawsuit announced this time on the company’s current profit or post period profit.
(I) this time, Wuhua Huimin village bank filed a lawsuit against Meizhou Jingkai and its actual controller, which was registered with the company on the website of Shanghai Stock Exchange (www.sse. Com. CN.) on April 8, 2022 The disclosed (2022) Yue 1424 min Chu No. 1259 case of Amethystum Storage Technology Co.Ltd(688086) announcement on litigation filed by wholly-owned subsidiaries (Announcement No.: 2022026) is related.
If the defendant loses the lawsuit and the defendant I (debtor) and other defendants (other guarantors) are unable to bear the loan repayment liability, Meizhou Jingkai may need to bear the corresponding guarantee liability, resulting in the reduction of funds in relevant accounts, which may cause the company to confirm the estimated liabilities and losses, and may lead to the risk of affecting the daily normal operation of the company. At present, the company is unable to estimate the specific impact of relevant litigation on profit and loss. Please pay attention to investment risks. (II) the company pays close attention to and attaches great importance to this matter, actively cooperates with the judicial authorities, continues to take legal measures such as litigation to safeguard the rights and interests of listed companies, and earnestly safeguard the legitimate rights and interests of listed companies and the legitimate interests of minority shareholders.
(III) the company will timely perform the obligation of information disclosure on the progress of the litigation matters announced in this announcement in accordance with the administrative measures for information disclosure of listed companies, the Listing Rules of Shanghai Stock Exchange science and innovation board and other relevant provisions.
It is hereby announced.
Amethystum Storage Technology Co.Ltd(688086) board of directors April 19, 2022
