Securities code: 688086 securities abbreviation: Amethystum Storage Technology Co.Ltd(688086) Announcement No.: 2022-003 Amethystum Storage Technology Co.Ltd(688086)
Announcement on the progress of litigation matters of the company
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 liabilities for the authenticity, accuracy and integrity of its contents according to law.
Important content tips:
The litigation stage of the case: the acceptance stage of application for compulsory execution
The party status of the listed company: plaintiff and executor.
Amount involved in the case: the outstanding debt of Shenzhen Yuwei Shitong Technology Co., Ltd. (hereinafter referred to as "Yuwei Shitong" or "defendant" and "executee") determined by the effective legal document of the civil mediation statement of Meixian District People's Court of Meizhou City, Guangdong Province > is RMB 28411052.28 The litigation fee (case acceptance fee) is RMB 96925.00, and from February 27, 2020 to the date of payment, the interest and execution fee of this case shall be paid to the applicant based on the unpaid principal of the arrears and four times the loan market quotation interest rate published by the national interbank lending center on February 27, 2020.
Whether it will have a negative impact on the profits and losses of listed companies: as of the disclosure date of this announcement, In addition to the e-commerce acceptance bill (hereinafter referred to as "acceptance bill") issued by Shenzhen Plateau Characteristic Agriculture Co., Ltd. (hereinafter referred to as "plateau agriculture"), a wholly-owned subsidiary of yuweishitong, RMB 5 million (due on March 31, 2022, the company did not treat this voucher as payment collection, and cashed all acceptance bills as the payment obligation of Yuwei Shitong to fulfill the first arrears). In addition, the company has not received the relevant payment and legal fees (case acceptance fee) of RMB 96925.00 paid by Yuwei Shitong or its related parties.
As of December 31, 2021, the balance of accounts receivable of yuweishitong was 28411052.28 yuan (including the above acceptance bill amount of 5000000.00 yuan), and other receivables 96925.00 yuan, with a total amount of 28507977.28 yuan. Based on prudence, the company withdraws 100% of the above amount as bad debt reserves. After deducting 1421052.61 yuan of bad debt provision withdrawn at the end of 2020, the estimated impact on Yuwei Shitong's bad debt provision is 27086924.67 yuan in 2021.
1、 Basic information of this prosecution
Amethystum Storage Technology Co.Ltd(688086) (hereinafter referred to as "the company" or "the plaintiff" and "the applicant for enforcement") filed a lawsuit with Meixian District People's Court of Meizhou City on the receivables between the company and Yuwei Shitong, and received the notice of acceptance of the case > served by Meixian District People's Court of Meizhou City on September 27, 2021. For details, the company posted on the website of Shanghai Stock Exchange (www.sse. Com. CN.) on September 28, 2021 Announcement on litigation filed by the company (Announcement No.: 2021-047) disclosed on the.
2、 Mediation of litigation cases
During the trial of the case, the people's Court of Meixian District, Meizhou City presided over the mediation, and both parties voluntarily reached an agreement on mediation. The company received the civil mediation statement , which was served by the people's Court of Meixian District, Meizhou City on November 16, 2021. The main contents of the civil mediation statement are as follows:
(I) the company and Yuwei Shitong have unanimously confirmed that Yuwei Shitong owes the company a contract payment of 28411052.28 yuan, which Yuwei Shitong will pay 5000000.00 yuan to the company before December 30, 2021; Pay 5000000.00 yuan to the company before March 15, 2022; Pay 10000000.00 yuan to the company before June 15, 2022; The balance of 8411052.28 yuan shall be paid to the company before September 15, 2022.
(II) the company waives other claims.
(III) the company shall issue an invoice of 5431210.80 yuan to Yuwei Shitong within ten working days after receiving the first payment of 5000000.00 yuan paid by Yuwei Shitong.
(IV) if yuweishitong fails to pay the contract amount owed to the company as agreed above, yuweishitong is willing to pay interest to the company at 4 times of the loan market quotation rate published by the national interbank lending center on February 27, 2020 based on the unpaid principal from February 27, 2020 to the date of payment, And the company may apply to the court for enforcement of all the remaining funds.
The case acceptance fee is 193850.00 yuan, half of which is 96925.00 yuan, which is voluntarily borne by Yuwei Shitong. This amount has been paid in advance by the company, and Yuwei Shitong will pay it directly to the company before December 30, 2021.
For details, the company posted on the website of Shanghai Stock Exchange (www.sse. Com. CN.) on November 18, 2021 Announcement on progress of litigation matters of the company (Announcement No.: 2021-057) disclosed on the.
3、 Implementation of litigation cases
The company was posted on the website of Shanghai Stock Exchange (www.sse. Com. CN.) on January 7, 2022 The announcement on the progress of litigation involving the collection of accounts receivable (Announcement No.: 2022-002) was disclosed on the. Up to now, the company has not received the relevant payment and litigation fee (case acceptance fee) of 96925.00 yuan paid by yuweishitong or its related parties except the acceptance bill of 5 million yuan (due on March 31, 2022) issued by plateau agriculture, a wholly-owned subsidiary of yuweishitong. The above acceptance bill cannot be cashed, Therefore, the company did not treat this voucher as payment collection, and cashing all acceptance bills as the payment obligation of Yuwei Shitong to fulfill the first arrears. At the same time, through public information inquiry, the company found that there are many civil litigation disputes and execution cases involved in yuweishitong, and there are situations in which yuweishitong customers are restricted by the court to pay or transfer payment to other parties. In the early stage, according to the actual operation status of yuweishitong, the company has sent reminders, door-to-door reminders and lawyer letters We will intensify efforts to collect relevant funds by filing a lawsuit and continue to collect the above customers. When the legal document "civil mediation statement" in the case of (2021) Yue 1430 min Chu No. 2938 has come into force, Yuwei Shitong still fails to comply with it.
In view of the above situation, the company has recently filed an application for enforcement with Meixian District People's Court of Meizhou City on the above litigation cases and effective legal documents, and received the notice of accepting cases > served by Meixian District People's Court of Meizhou City on January 10, 2022.
Execution request:
(I) request the people's Court of Meixian District, Meizhou City, Guangdong Province (2021) Yue 1430 min Chu No. 2938 civil mediation statement, which involves the outstanding debt determined in the effective legal document of the case of sales contract dispute, RMB 28411052.28.
(II) debt interest during the period of request for execution delay: from February 27, 2020 to the date of payment, the interest shall be paid to the applicant at 4 times of the loan market quotation interest rate published by the national interbank lending center on February 27, 2020 based on the unpaid principal.
(III) request the court to enforce the court's legal fees of RMB 96925.00 payable by yuweishitong to the company. (IV) Yuwei Shitong shall pay the execution fee of this case.
As of the disclosure date of this announcement, the application for enforcement has been accepted by Meixian District People's Court of Meizhou city.
4、 Impact of the lawsuit announced this time on the company
(I) impact on the company's daily business activities
The litigation matters and the application for enforcement will not have a significant impact on the daily operation of the company.
(II) impact on the company's profit in 2021
1. As of December 31, 2021, the balance of accounts receivable of yuweishitong was 28411052.28 yuan (including the above acceptance bill amount of 5000000.00 yuan), and other accounts receivable 96925.00 yuan, with a total amount of 28507977.28 yuan. Based on prudence, the company withdraws 100% of the above amount as bad debt reserves. After deducting 1421052.61 yuan of bad debt provision withdrawn at the end of 2020, the estimated impact on Yuwei Shitong's bad debt provision is 27086924.67 yuan in 2021.
2. Subsequently, the company will timely adjust the amount of bad debt provision according to the collection, cashing and execution of acceptance bills of Yuwei Shitong.
(III) risk prompt description
The company applied to the court for enforcement of the civil mediation agreement reached in the above litigation cases. Up to now, although the company has maintained communication with Yuwei Shitong, there is still a risk that the company's property rights and interests may not be realized temporarily, or can not be fully realized, or even can not be realized at all:
1. If the company fails to fully provide the property status or property clues of yuweishitong to the execution court, or the subsequent company fails to provide the whereabouts information such as the contact address and method of yuweishitong, and the execution court is unable to find out the property of yuweishitong according to its authority, the execution court will rule to terminate the execution procedure of the case according to law, and the creditor's rights of the company cannot be realized temporarily.
2. The company's creditor's rights will not be realized or fully realized if Yuwei Shitong has no property or sufficient property to pay off its debts.
3. In the case of enforcing the due creditor's rights of yuweishitong against the third party, after the execution court sends a notice of performing the due debts to the third party, if the third party has no objection, the execution court has the right to enforce it; If the company still requests to continue the execution after the third party raises an objection, the execution court will not support the continued execution.
4. The property executed by Yuwei Shitong is compensated according to the control order. If there are multiple executors applying for execution of the property, the company cannot obtain the repayment of the creditor's rights according to the order of execution applications.
The company will pay close attention to the progress of the execution application and the cashing of the acceptance bill, actively cooperate with the execution court to perform relevant execution procedures, actively sort out and provide the execution court with relevant property clues of the person subjected to execution, so as to effectively safeguard the interests of the company and the majority of investors. According to the relevant provisions of the Listing Rules of stocks on the science and Innovation Board of Shanghai Stock Exchange, The company will track the follow-up performance of the litigation in a timely manner. Please pay attention to the investment risk.
It is hereby announced.
Amethystum Storage Technology Co.Ltd(688086) board of directors January 12, 2022
