Securities code: Safbon Water Service (Holding) Inc.Shanghai(300262) securities abbreviation: Safbon Water Service (Holding) Inc.Shanghai(300262) Announcement No.: 2022045 Safbon Water Service (Holding) Inc.Shanghai(300262)
Announcement on the progress of cumulative litigation, arbitration and disclosed cases
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.
Safbon Water Service (Holding) Inc.Shanghai(300262) (hereinafter referred to as “the company”) has made statistics on the litigation and arbitration matters of the company and its holding subsidiaries for 12 consecutive months in accordance with the Shenzhen Stock Exchange GEM Listing Rules and other relevant provisions. If the disclosure obligations have been fulfilled in accordance with relevant provisions, they will not be included in the cumulative calculation scope. Meanwhile, in order to facilitate investors to timely understand the progress of the company’s litigation and arbitration, the company will sort out the case progress in the supplementary announcement on cumulative litigation and Arbitration (Announcement No.: 2021202) disclosed on December 8, 2021. The progress of new litigation and arbitration cases and disclosed cases are hereby announced as follows: I. Basic information of new cumulative litigation and arbitration matters
According to the relevant provisions of the Shenzhen Stock Exchange GEM Listing Rules, if the litigation and arbitration matters of the company reach more than 10% of the absolute value of the company’s latest audited net assets according to the principle of cumulative calculation for 12 consecutive months, it shall fulfill the obligation of information disclosure. At the same time, those who have fulfilled their disclosure obligations in accordance with relevant provisions will no longer be included in the scope of cumulative calculation.
The company disclosed the 2021 annual report on cninfo.com on April 28, 2022, and updated the latest audited net assets and other relevant financial data. As of the disclosure date of this announcement, in addition to the litigation and arbitration matters disclosed on December 8, 2021, the total amount involved in the newly added cumulative litigation and arbitration matters of the company and its subsidiaries for 12 consecutive months is about RMB 1354332 million, accounting for 24.50% of the latest audited net assets of the company. See Annex 1: statistical table of newly added cumulative litigation and arbitration cases for details.
The company and its subsidiaries have one major lawsuit and arbitration involving a single amount accounting for more than 10% of the absolute value of the company’s latest audited net assets. The details are as follows:
1. Basic information of major litigation
Subpoena, notice of response and other materials served by Qingpu District People’s court. The situation is as follows:
Plaintiff: Shanghai Jiayi Construction Engineering Co., Ltd. (hereinafter referred to as “Shanghai Jiayi” or “plaintiff”)
Defendant 1: Shanghai ba’an Shenao Environmental Protection Technology Co., Ltd
Defendant 2: Safbon Water Service (Holding) Inc.Shanghai(300262)
2. Basic information about major litigation
(1) Claim:
1) The judgment rescinds the construction contract signed by the plaintiff and the defendant on the main civil works of the R & D workshop, testing workshop and assembly workshop construction project of Shanghai ba’an Sangao Environmental Protection Technology Co., Ltd;
2) The two defendants were ordered to jointly pay the plaintiff the project payment of 56731732 yuan and the interest on overdue payment of 63291567 yuan (based on 45735500 yuan, from October 2, 2021 to January 30, 2022; based on 43735500 yuan, from January 31, 2022 to the date of prosecution; based on 56731732 yuan, from the date of prosecution to the date of actual payment; the interest rate is calculated according to the loan market quotation interest rate published by the national interbank lending center in the same period);
3) Order the defendant to return the bid security of 80000000 yuan and advance the water and electricity installation payment of 472457 yuan to the plaintiff, totaling 1272457 yuan;
4) Confirm that the plaintiff has the priority to be compensated for the discount or auction price of the main civil works of the R & D workshop, testing workshop and assembly workshop construction project of Shanghai ba’an Sangao Environmental Protection Technology Co., Ltd;
5) The court ordered that the litigation costs and preservation costs of the case should be borne by the two defendants.
(2) Main facts and reasons:
On December 18, 2020, the plaintiff and the defendant signed the construction contract of construction project (hereinafter referred to as the construction contract). According to the construction contract, the defendant I shall pay the first progress payment of RMB 10.7 million and the subsequent progress payment of RMB 35035500 before October 1, 2021. However, as of the date of prosecution, the defendant 1 and the defendant 2 had only jointly paid the plaintiff 2000000 yuan for the project. As of the date of prosecution, after the plaintiff settled according to the contract, the total settlement price of the project involved was 58731732 yuan, and the defendant still owed 56731732 yuan.
Defendant 1 is a wholly-owned subsidiary of defendant 2. Defendant 2 actually led and participated in the initiation and construction of the project involved in the case. Defendant 2 has actually performed the obligations of the employer under the construction contract and shall jointly pay the unpaid project funds to the plaintiff with the defendant. According to the construction contract, the plaintiff has the right to terminate the contract and require the two defendants to pay the full price of the completed project and the interest loss of overdue payment.
According to Article 807 of the civil code and the relevant judicial interpretation of the dispute over the construction contract of the construction project, the plaintiff has the priority to be compensated according to law for the price of the construction project converted or auctioned.
The plaintiff paid a total of rmb1470000 on December 2021 for the construction of the cable on behalf of the defendant. The defendant paid a total of rmb1747 on December 2021, 2021 for the construction of the cable on behalf of the defendant. In addition, the defendant paid an advance of rmb1747 on December 2021, 2021 for the construction of the cable on behalf of the defendant, The first defendant shall return the bid security and advance payment to the plaintiff.
3. Ruling or judgment
As of the disclosure date of this announcement, the above litigation cases have not been heard.
2、 The progress of cumulative litigation and arbitration cases has been disclosed
Supplementary announcement on cumulative litigation and Arbitration (Announcement No.: 2021202) and announcement on cancellation of illegal guarantees and progress of litigation (Announcement No.: 2021216) disclosed by the company on December 8, 2021 and December 29, 2021. As of the disclosure date of this announcement, the progress summary of the cumulative litigation and arbitration cases disclosed and not closed in the previous period by the company and its subsidiaries is shown in the table below. For details, see Annex 2: progress table of disclosed litigation and arbitration cases. Summary of the progress of the cumulative litigation and arbitration cases that have been disclosed and not closed in the previous period as of the disclosure date of this announcement:
The proportion of the amount of quantity filed in the latest audited (10000 yuan) net assets
In trial 9 754759 13.65%
Executing / performing 9 954731 17.27%
Mediation / settlement cases 3 256.20 0.46%
Closed / withdrawn 10157857 2.86%
Total 311892967 34.24%
Note: 1 Interpretation of “mediation”: a case in which an agreement is reached on the dispute under the auspices of the court and the obligations agreed in the mediation agreement have not been fulfilled or partially fulfilled;
2. Interpretation of “reconciliation”: a case in which the parties have reached an agreement on the dispute through friendly negotiation, but have not fulfilled or partially fulfilled the obligations agreed in the mediation agreement;
3. If the plaintiff has reached an agreement on the settlement of the case or the judgment of the people’s court has been fully fulfilled, the party who has fulfilled the obligation of mediation shall be responsible for the settlement of the case.
3、 Other undisclosed litigation and arbitration matters
As of the disclosure date of this announcement, the company has no other litigation and arbitration matters that should be disclosed but not disclosed. 4、 Possible impact of litigation and arbitration matters on the company’s profits in the current period or after the period
In view of the fact that some of the above-mentioned cases have not been heard or the ruling results have not been issued, the impact on the company’s profits in the current period or after the period is uncertain. The company will conduct corresponding accounting treatment according to the requirements of relevant accounting standards and the actual situation. At the same time, the company will pay close attention to the follow-up progress of the case and actively take relevant measures to safeguard the interests of the company and shareholders. The company will fulfill the obligation of information disclosure in accordance with relevant regulations. Please pay attention to investment risks.
5、 Documents for future reference
1. Safbon Water Service (Holding) Inc.Shanghai(300262) litigation and arbitration list
It is hereby announced.
Safbon Water Service (Holding) Inc.Shanghai(300262) board of directors April 27, 2022 Annex 1: Statistics of new cumulative litigation and arbitration cases
Unit: 10000 yuan
12 consecutive, accounting for the latest
Case no. of the plaintiff and the defendant case number: the cumulative amount of the audited case number and the status amount proportion of the net assets of litigation and arbitration within the filing month
Construction process of Qiong 9005 of Jiangsu ba’an construction project (2021)
1 Lin Weiyi, Yang Xinqi Co., Ltd. and Hainan baminchou No. 5837 construction contract 2021 / 12 / 10 134.26 134.26 0.24% have withdrawn the lawsuit against an water affairs Co., Ltd
2 Shanghai Photoplastics machinery Jiangsu etien membrane filtration (2021) Hu 0117 sales contract 2021 / 12 / 14 15.35 149.61 0.27% has withdrawn the lawsuit against Manufacturing Co., Ltd. Technology Co., Ltd. min Chu No. 19920 dispute
3. Cecep Zhaosheng environmental protection Shanghai Safbon Water Service (Holding) Inc.Shanghai(300262) Co., Ltd. (2022) Hu 0118 sales contract 2021 / 12 / 20 28.81 178.42 0.32% No. 3726 dispute of minchu Co., Ltd
Bank Of Hangzhou Co.Ltd(600926) Co., Ltd. (2022) Hu 0118 notarized creditor’s rights execution and No. 149 document of Shanghai ba’an and Zhang Chunlin of Shanghai Branch of 4 Co., Ltd. 2022 / 1 / 5 549827567669 10.27% settlement process
5 Wuxi jianmingda power station Shanghai Safbon Water Service (Holding) Inc.Shanghai(300262) Co., Ltd. (2021) Hu 0118 sales contract 2022 / 1 / 13 80.25575694 10.41% dispute of minchu 23921 of China Equipment Co., Ltd. in the first instance
6 Jiangsu Peilei electric machinery Shanghai Safbon Water Service (Holding) Inc.Shanghai(300262) Co., Ltd. (2022) Hu 0118
