Securities code: 600804 securities abbreviation: Dr.Peng Telecom&Media Group Co.Ltd(600804) Announcement No.: pro 2022-005 bond Code: 143143 bond abbreviation: 17 Pengbo bond
Bond Code: 143606 bond abbreviation: 18 Pengbo bond
Dr.Peng Telecom&Media Group Co.Ltd(600804)
Progress announcement on litigation 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 final judgment of the second instance
The party status of the listed company: defendant
Amount involved: 56378867 yuan of unpaid payment and overdue interest from the date of overdue payment to the date of actual payment
Whether it will have a negative impact on the profits and losses of the listed company: the litigation judgment is expected to cause the company’s estimated liabilities of 39.7417 million yuan (Unaudited).
1、 Preliminary basic information of litigation cases
On September 14, 2020, Beijing greenwidy Technology Co., Ltd. (hereinafter referred to as “greenwidy”) filed a lawsuit to Beijing No. 1 Intermediate People’s Court on the dispute over the liability of shareholders to damage the interests of creditors of the company, requiring: (1) Great Wall Broadband Network Service Co., Ltd. (hereinafter referred to as “Great Wall broadband”) Dr.Peng Telecom&Media Group Co.Ltd(600804) (hereinafter referred to as ” Dr.Peng Telecom&Media Group Co.Ltd(600804) ” or “the company”) shall jointly and severally pay the amount owed, specifically 85169707.93 yuan (Provisional), including 76899365 yuan of purchase amount owed; Interest on overdue payment is 8270342.93 yuan; (2) All litigation costs of this case (including litigation costs, litigation preservation costs, litigation property preservation liability insurance costs, etc.) shall be jointly and severally borne by Great Wall broadband and Dr.Peng Telecom&Media Group Co.Ltd(600804) .
On March 29, 2021, Beijing No. 1 Intermediate People’s Court issued the civil judgment “(2020) Jing 01 min Chu No. 383”, which ruled that: (1) Great Wall broadband paid the plaintiff green Weidi the overdue interest of 1829374.55 yuan on the payment of goods between May 11, 2018 and December 31, 2019 within 10 days after the judgment came into effect; (2) Great Wall broadband shall pay the unpaid payment of 56378867 yuan and the overdue interest from the overdue date to the date of actual payment to the plaintiff green Weidi within 10 days after the judgment takes effect; (3) Great Wall broadband shall pay 54137.40 yuan of litigation property preservation liability insurance premium to the plaintiff within 10 days after the judgment takes effect; (4) Reject other claims of the plaintiff.
Since then, green Weidi appealed to the Beijing Higher People’s court against items 2 and 4 of the civil judgment (2020) Jing 01 min Chu No. 383 made by the Beijing No. 1 Intermediate People’s court. The appeal request is as follows:
1. Request for revision or remand for retrial, and the content of the request for revision is:
(1) The second paragraph of the judgment of the first instance is revised as follows: Great Wall broadband shall pay the unpaid payment of 76899365 yuan and the overdue interest from the overdue date of the corresponding amount to the date of actual payment to green Weidi within 10 days after the judgment takes effect. (2) Item 4 of the judgment of the first instance is changed to: Dr.Peng Telecom&Media Group Co.Ltd(600804) shall be jointly and severally liable for all the debts that Great Wall broadband should bear to green Weidi in this case (including unpaid payment, overdue interest and litigation property preservation liability insurance premium).
2. The litigation costs of the first and second instance of this case shall be jointly and severally borne by Dr.Peng Telecom&Media Group Co.Ltd(600804) and Great Wall broadband.
In this case, the company’s basic bank account has been frozen during the first instance. Up to now, the actual frozen amount is 53170509.2 yuan (see the announcement on the progress of Dr.Peng Telecom&Media Group Co.Ltd(600804) litigation matters disclosed by the company in Shanghai Stock Exchange on July 24, 2021 (Announcement No.: pro 2021-064)).
2、 Progress of litigation cases
Recently, the company received the civil judgment (2021) jingminzhong No. 652 made by the Beijing Higher People’s Court on this case, which is as follows: “the court believes that Dr.Peng Telecom&Media Group Co.Ltd(600804) company should be jointly and severally liable for the debts of Great Wall broadband company if it fails to provide sufficient evidence to prove that its property is independent of that of Great Wall broadband company.
(I) maintain items 1, 2 and 3 of Beijing No. 1 Intermediate People’s court’s civil judgment (2020) Jing 01 min Chu No. 383;
(II) revoke item 4 of Beijing No. 1 Intermediate People’s court’s civil judgment (2020) Jing 01 min Chu No. 383;
The first and second civil liabilities of Beijing Municipal People’s Court of great wall (No. 8001 and No. 803} 2020) are jointly and severally borne by Beijing Municipal People’s court;
(IV) reject other claims of greenwidy.
This judgment is final. “
3、 Impact of litigation cases on the company’s profits in the current period or after the period
In view of the related transactions involved in the lawsuit, some trading companies have accrued accounts payable of 19.1322 million yuan, therefore, the lawsuit judgment that the company is jointly and severally liable will cause the company’s estimated liabilities of about 39.7417 million yuan (Unaudited), and the amount of impact of the lawsuit on the company’s current or future profits cannot be determined temporarily. 4、 Documents for future reference
(2021) jingminzhong No. 652 civil judgment made by Beijing Higher People’s court.
It is hereby announced.
Dr.Peng Telecom&Media Group Co.Ltd(600804) board of directors January 12, 2022
