Securities code: 002335 securities abbreviation: Kehua Data Co.Ltd(002335) Announcement No.: 2022-001 Kehua Data Co.Ltd(002335)
Announcement on the lawsuit filed by 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 are responsible for false records, misleading statements or major omissions in the announcement.
1、 Basic information of the proceedings
Kehua Data Co.Ltd(002335) (hereinafter referred to as “the company”) recently received the notice of accepting cases (case No.: (2022) Jing 02 min Chu No. 10) issued by Beijing No. 2 Intermediate People’s court. The company sued Shi Jun, Xiao Guiyang, Beijing yunjutianxia Investment Center (limited partnership) After examination, Beijing Second Intermediate People’s court considered that the dispute over equity transfer between Beijing Dadao Investment Center (limited partnership) and Guangzhou Dexun investment partnership (limited partnership) met the legal prosecution conditions and decided to register the case. The details are as follows:
(I) litigants
1. Plaintiff: Kehua Data Co.Ltd(002335)
2. Defendant 1: Shi Jun
Defendant 2: Xiao Guiyang
Defendant 3: Beijing yunjutianxia Investment Center (limited partnership)
Defendant 4: Beijing Dadao Investment Center (limited partnership)
Defendant 5: Guangzhou Dexun investment partnership (limited partnership)
(II) cause of action: equity transfer dispute
(III) cause of action
The plaintiff believes that the equity transfer agreement of Beijing Tiandi Xiangyun Technology Co., Ltd. (hereinafter referred to as the “share transfer agreement”) has been confirmed to be legal and effective by the court judgment and is legally binding on all parties. Now, in view of the fact that some members of the core management team in the share transfer agreement have violated the service period commitments signed by them, and there are cases of taking office in a competitor company engaged in the same or similar business with Beijing Tiandi Xiangyun Technology Co., Ltd. (hereinafter referred to as the “target company”) and luring the employees of the target company to leave, which has caused huge economic losses to the target company and the plaintiff, Triggered the liability for breach of contract in article 16.1 of the equity transfer agreement and the valuation adjustment conditions agreed in article 16.6. Therefore, the five defendants as a whole should bear the obligation to return the income and compensate the losses after deducting the performance compensation to the plaintiff, so as to adjust the valuation of the equity transfer of the target company in this case. In order to safeguard the legitimate rights and interests of itself and the majority of investors, the plaintiff requested the court to support the plaintiff’s claim according to law.
(IV) claims
1. It was judged that the five defendants jointly and severally paid the plaintiff compensation of 188882351.09 yuan.
2. The defendant, Shi Jun, was ordered to return 7974235 shares of the plaintiff’s stock (stock code 002335) held in his name to the plaintiff (valued at 326066469.15 yuan based on the closing price of the trading day before the date of prosecution).
3. The defendant Shi Jun was ordered to return the dividend of 26878819.60 yuan obtained from holding the plaintiff’s shares (stock code 002335) to the plaintiff.
4. It was judged that the defendant erxiao Guiyang returned 4258157.80 yuan of dividends obtained from holding the plaintiff’s shares (stock code 002335) to the plaintiff.
5. It was judged that the defendant 5 Guangzhou Dexun investment partnership (limited partnership) returned 2364401.60 yuan of dividends obtained from holding the plaintiff’s shares (stock code 002335) to the plaintiff.
6. It was decided that the five defendants jointly and severally compensated the plaintiff for the loss of notarization fees of 3204 yuan and the loss of lawyer fees of 6 million yuan.
7. It was decided that the five defendants jointly and severally compensated the plaintiff for the economic compensation loss of 879166.75 yuan paid to Shi Jun and others.
8. The five defendants were ordered to jointly and severally compensate the plaintiff for the property preservation insurance premium of 275000 yuan.
(as of the date of prosecution, the total amount of the above claims is temporarily 555607569.99 yuan) II. Are there other undisclosed litigation and arbitration matters
As of the date of this announcement, except for the litigation matters disclosed by the company, the company (including the holding subsidiary) has no other major litigation and arbitration matters that should be disclosed but not disclosed.
3、 Possible impact of the lawsuit announced this time on the company’s current profits or future profits
In view of the above litigation cases have not been heard in court, the impact of the above matters on the company’s profits in the current period or after the period is uncertain. The company will carry out corresponding accounting treatment according to the requirements of accounting standards and the actual situation, pay close attention to the progress of litigation matters, and timely perform the obligation of information disclosure. The above litigation matters will not have a material adverse impact on the continuous operation of the company.
Please invest rationally and pay attention to investment risks.
4、 Documents for future reference
1. Notice of accepting cases. It is hereby announced.
Kehua Data Co.Ltd(002335) board of directors
January 14, 2022
