Hengkang Medical Group Co.Ltd(002219)
Securities abbreviation: * ST Hengkang securities code: 002219 Announcement No.: 2022-004 Hengkang Medical Group Co.Ltd(002219) Manager
Announcement on the progress of major litigation
The manager of the company, the company and all members of the board of directors guarantee that the contents of the announcement are true, accurate and complete, and there are no false records, misleading statements or major omissions.
Hengkang Medical Group Co.Ltd(002219) (hereinafter referred to as “Hengkang medical” or “the company”) recently received the civil ruling with case numbers (2021) jingminzhong No. 95 and (2021) jingminzhong No. 49 served by Beijing Higher People’s Court (hereinafter referred to as “Beijing High Court”). The relevant information is hereby announced as follows:
1、 Basic information of this lawsuit
(I) litigants
Appellant (original defendant): Hengkang Medical Group Co.Ltd(002219)
Managers: Beijing JUNHE law firm and Gansu Jiezhou law firm
Entrusted agent ad litem: Wen Xuecheng, lawyer of Beijing Daocheng (Zhengzhou) law firm.
Appellee (plaintiff of the original trial): Huabao Trust Co., Ltd
Entrusted agent ad litem: Zhou Jianbin, lawyer of Beijing JunZeJun Law firm.
Zou Jiayun, lawyer of Beijing JunZeJun Law firm.
Cause of action: partnership contract dispute
(II) case progress
1. Progress of [(2021) jingminzhong No. 95] case
The appellant Hengkang medical refused to accept the civil judgment (2020) Jing 02 min Chu No. 300 of Beijing Second Intermediate People’s court for the case of partnership contract dispute with the appellee Huabao Trust Co., Ltd. (hereinafter referred to as “Huabao trust”) (for details, see the company’s disclosure on cninfo.com on September 29, 2020)（ http://www.cn.info.com.cn. ）Announcement on the progress of major litigation, Announcement No.: 2020-092), filed an appeal to Beijing high court. During the trial of the Beijing High Court, Huabao trust applied to the Beijing high court to withdraw its lawsuit against Hengkang medical on the basis of Article 338 of the interpretation of the Supreme People’s Court on the application of the Civil Procedure Law of the people’s Republic of China and the actual situation of the case. Hengkang medical agreed to the withdrawal application of Huabao trust. The Beijing High Court held that Huabao trust, as the plaintiff of the original trial, had agreed to withdraw the lawsuit during the trial of this case, and there was no harm to the national interests and social and public interests
Hengkang Medical Group Co.Ltd(002219)
The Beijing high court shall grant permission to the situation of benefiting the legitimate rights and interests of others. According to item (V) of paragraph 1, Article 154 of the Civil Procedure Law of the people’s Republic of China and Article 338 of the interpretation of the Supreme People’s Court on the application of the Civil Procedure Law of the people’s Republic of China, the main contents of the ruling are as follows:
(1) Revoke the civil judgment (2020) Jing 02 min Chu No. 300 of Beijing Second Intermediate People’s court; (2) Huabao Trust Co., Ltd. is allowed to withdraw the lawsuit.
The first instance case acceptance fee is 2238000 yuan, and the property preservation application fee is 5000 yuan, which is paid in advance by Huabao trust. The case acceptance fee is halved to 1119000 yuan, and the property preservation application fee is 1124000 yuan, which is borne by Huabao trust (paid). The case acceptance fee of the second instance was 41237.14 yuan, which was paid in advance by Hengkang medical and halved to 20618.57 yuan, which was borne by Huabao trust.
2. Progress of the case of [(2021) jingminzhong No. 49]
The appellant Hengkang medical refused to accept the civil judgment (2020) Jing 02 min Chu No. 301 of Beijing Second Intermediate People’s court for the case of partnership contract dispute with the appellee Huabao Trust Co., Ltd. (hereinafter referred to as “Huabao trust”) (for details, see the company’s disclosure on cninfo.com on September 29, 2020)（ http://www.cn.info.com.cn. ）Announcement on the progress of major litigation, Announcement No.: 2020-092), filed an appeal to Beijing high court. During the trial of the Beijing High Court, Huabao trust applied to the Beijing high court to withdraw its lawsuit against Hengkang medical on the basis of Article 338 of the interpretation of the Supreme People’s Court on the application of the Civil Procedure Law of the people’s Republic of China and the actual situation of the case. Hengkang medical agreed to the withdrawal application of Huabao trust. The Beijing High Court held that the request of Huabao trust, as the plaintiff of the original trial, to withdraw the prosecution during the trial of this case has been approved by Hengkang medical, and there is no situation that damages the national interests, social and public interests and the legitimate rights and interests of others, and the Beijing high court granted it. According to item (V) of paragraph 1, Article 154 of the Civil Procedure Law of the people’s Republic of China and Article 338 of the interpretation of the Supreme People’s Court on the application of the Civil Procedure Law of the people’s Republic of China, the main contents of the ruling are as follows:
1. Revoke the civil judgment of Beijing Second Intermediate People’s Court (2020) Jing 02 min Chu No. 301;
2. Huabao Trust Co., Ltd. is allowed to withdraw the lawsuit.
The first instance case acceptance fee is 1983350 yuan, and the property preservation application fee is 5000 yuan, which is paid in advance by Huabao trust. The case acceptance fee is halved to 991675 yuan, totaling 996675 yuan with the property preservation application fee, which is borne by Huabao trust (paid). The case acceptance fee of the second instance was 36081.63 yuan, which was paid in advance by Hengkang medical, halved to 18040.82 yuan, and borne by Huabao trust.
Hengkang Medical Group Co.Ltd(002219)
2、 Possible impact of the event on the company’s current profit or future profit
The manager confirmed to the company that the ruling result of this lawsuit is conducive to solving the company’s debt disputes and will have a positive impact on the company’s current profits. The final data shall be subject to the disclosure of the annual report. Please make careful decisions and pay attention to investment risks.
3、 Are there any other litigation and arbitration matters that have not been disclosed
As of this announcement, the company (including its holding subsidiaries) has no other litigation and arbitration matters that should be disclosed but not disclosed.
4、 Documents for future reference
1. Beijing High Court (2021) jingminzhong No. 95 civil ruling;
2. Beijing High Court (2021) jingminzhong No. 49 civil ruling.
It is hereby announced.
Hengkang Medical Group Co.Ltd(002219) administrator
January 10, 2002
