Securities code: Yanan Bicon Pharmaceutical Listed Company(002411) securities abbreviation: Yanan Bicon Pharmaceutical Listed Company(002411) Announcement No.: 2022039 Yanan Bicon Pharmaceutical Listed Company(002411)
Announcement on the progress of investor litigation
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.
Yanan Bicon Pharmaceutical Listed Company(002411) (hereinafter referred to as “the company” or ” Yanan Bicon Pharmaceutical Listed Company(002411) “) recently received the civil judgment (2021) Shaan 01 min Chu No. 381, (2021) Shaan 01 min Chu No. 809, (2021) Shaan 01 min Chu No. 812, (2021) Shaan 01 min Chu No. 1062) served by the intermediate people’s Court of Xi’an, Shaanxi Province. According to the civil judgment, the intermediate people’s Court of Xi’an City, Shaanxi Province has concluded the trial of 215 natural person investors and the dispute over the liability for false statements between Li Yanfei, sun Rong and Xu ruiruirui and the company’s securities. For the details of the above investor litigation matters, see the announcement on investor litigation matters (Announcement No.: 2021027) disclosed by the company on cninfo.com on April 8, 2021. The progress is announced as follows:
1、 Civil judgment (2021) Shan 01 min Chu No. 381
(I) basic information of the proceedings
1. Litigant
Plaintiff: 215 natural person investors
Defendant: Yanan Bicon Pharmaceutical Listed Company(002411)
2. Claim
(1) The defendant Yanan Bicon Pharmaceutical Listed Company(002411) compensated the plaintiff for the loss of investment balance, commission and stamp duty;
(2) The defendant Yanan Bicon Pharmaceutical Listed Company(002411) shall bear the litigation costs of this case.
3. Facts and reasons
The defendant Yanan Bicon Pharmaceutical Listed Company(002411) is a listed company issuing a shares, with the stock code of Yanan Bicon Pharmaceutical Listed Company(002411) . The plaintiff Dai Xiaoyu and other 215 people are ordinary investors in the secondary market. On November 3, 2020, the defendant Yanan Bicon Pharmaceutical Listed Company(002411) announced that he had received the decision on administrative punishment from Shaanxi regulatory bureau of China Securities Regulatory Commission (hereinafter referred to as “Shaanxi securities regulatory bureau”). According to the decision, the defendant Yanan Bicon Pharmaceutical Listed Company(002411) had two serious false statements. The implementation date of the first false statement is April 26, 2016, the disclosure date is March 26, 2020, the benchmark date is May 15, 2020, and the benchmark price is 8.3 yuan; The implementation date of the second false statement is February 5, 2020, the disclosure date is February 7, 2020, the benchmark date is March 10, 2020, and the benchmark price is 13.14 yuan. The plaintiff Dai Xiaoyu and other 215 people invested their shares based on their trust in the defendant’s Yanan Bicon Pharmaceutical Listed Company(002411) false statement, and the losses suffered during this period shall be compensated by the defendant Yanan Bicon Pharmaceutical Listed Company(002411) according to law. Loss calculation method: 1. When calculating the loss of investment balance, the stock sold from the implementation date to the disclosure date and from the disclosure date to the benchmark date shall be deducted from the stock held before the implementation date according to the principle of first in first out. The part of the stock sold from the disclosure date to the benchmark date after reaching the number of claimable shares in chronological order shall not be considered. 2、 The investment loss is calculated on the basis of one thousandth of stamp tax and commission.
(II) judgment of this lawsuit
Xi’an Intermediate People’s Court of Shaanxi Province held that in accordance with Article 85 of the securities law of the people’s Republic of China and articles 4, 7, 8, 9, 10, 11, 12, 24, 25, 26, 27 and 28 of the provisions of the Supreme People’s Court on trying civil compensation cases of misrepresentation infringement in the securities market, The judgment is as follows:
1. The defendant Yanan Bicon Pharmaceutical Listed Company(002411) shall compensate the plaintiffs a total of 60805413 yuan within 10 days from the effective date of this judgment (see the court determined compensation amount in the attached table for the specific compensation amount of each plaintiff);
2. Reject the remaining claims of the plaintiff.
If the obligation to pay money is not performed within the period specified in this judgment, the debt interest during the period of delayed performance shall be doubled in accordance with Article 260 of the Civil Procedure Law of the people’s Republic of China.
See the attached table for the part of the case acceptance fee borne by the plaintiff and the defendant respectively. The plaintiff has paid in advance, and the part borne by the defendant Yanan Bicon Pharmaceutical Listed Company(002411) shall be paid to the plaintiff within 10 days from the effective date of this judgment.
If you are not satisfied with this judgment, you can submit an appeal petition to the court within 15 days from the date of service of the judgment, submit copies according to the number of opposite parties, and appeal to the higher people’s Court of Shaanxi Province.
2、 Civil judgment (2021) Shan 01 min Chu No. 809
(I) basic information of the proceedings
1. Litigant
Plaintiff: Li Yanfei
Defendants: Yanan Bicon Pharmaceutical Listed Company(002411) , Li zongsong
2. Claim
(1) Order the defendant Yanan Bicon Pharmaceutical Listed Company(002411) company to pay the plaintiff Li Yanfei infringement compensation of RMB 16131 caused by false statement;
(2) Order the defendant Li zongsong to bear joint and several liability for the above losses of the plaintiff;
(3) The defendant is ordered to bear all the litigation costs of the case.
3. Facts and reasons: on October 16, 2020, Yanan Bicon Pharmaceutical Listed Company(002411) company issued the announcement that Shaanxi regulatory bureau of China Securities Regulatory Commission imposed administrative punishment on the defendant Yanan Bicon Pharmaceutical Listed Company(002411) company for the acts of major omissions, false records and misleading statements of relevant information in the annual report related to the composition of Yanan Bicon Pharmaceutical Listed Company(002411) company. Before the above-mentioned false statements were exposed, the plaintiff Li Yanfei based on his trust in the information disclosure of Yanan Bicon Pharmaceutical Listed Company(002411) company, The defendant Yanan Bicon Pharmaceutical Listed Company(002411) company shall compensate the plaintiff for the economic losses caused by the above acts of the defendant Yanan Bicon Pharmaceutical Listed Company(002411) company. Meanwhile, the defendant Li zongsong, as the actual controller of Yanan Bicon Pharmaceutical Listed Company(002411) company, shall bear joint and several liability for compensation.
(II) judgment of this lawsuit
Xi’an Intermediate People’s Court of Shaanxi Province held that: in accordance with Article 85 of the securities law of the people’s Republic of China and articles 4, 7, 8, 9, 11, 12, 25, paragraph 5 of Article 26 and paragraph 2 of Article 35 of the provisions of the Supreme People’s Court on trying civil compensation cases of misrepresentation infringement in the securities market, the judgment is as follows:
1. The defendant Yanan Bicon Pharmaceutical Listed Company(002411) shall compensate the plaintiff Li Yanfei for the economic loss of 1386691 yuan within 10 days from the effective date of this judgment;
2. The defendant Li zongsong shall be jointly and severally liable to the plaintiff Li Yanfei for the above amount;
3. The plaintiff Li Yanfei’s other claims were rejected.
If the obligation to pay money is not performed within the period specified in this judgment, the debt interest during the period of delayed performance shall be doubled in accordance with Article 260 of the Civil Procedure Law of the people’s Republic of China.
The case acceptance fee is 203 yuan (the plaintiff Li Yanfei has paid in advance), and the plaintiff Li Yanfei shall bear 28 yuan; The defendants Yanan Bicon Pharmaceutical Listed Company(002411) , Li zongsong shall bear 175 yuan and pay it to the plaintiff Li Yanfei when performing the obligations of this judgment.
If you are not satisfied with this judgment, you can submit an appeal petition to the court within 15 days from the date of service of the judgment, submit copies according to the number of opposite parties, and appeal to the higher people’s Court of Shaanxi Province.
3、 Civil judgment (2021) Shan 01 min Chu No. 812
(I) basic information of the proceedings
1. Litigant
Plaintiff: Sun Rong
Defendants: Yanan Bicon Pharmaceutical Listed Company(002411) , Li zongsong
2. Claim
(1) Order the defendant Yanan Bicon Pharmaceutical Listed Company(002411) company to pay the plaintiff infringement compensation of RMB 28125 caused by false statement;
(2) Order the defendant Li zongsong to bear joint and several liability for the above losses of the plaintiff;
(3) Order the two defendants to bear all litigation costs of the case.
3. Facts and reasons
The defendant Yanan Bicon Pharmaceutical Listed Company(002411) company is a company listed on Shenzhen Stock Exchange. As a securities investor, the plaintiff sun Rong bought a large number of shares of Yanan Bicon Pharmaceutical Listed Company(002411) company through the securities trading system based on his trust in his announcement information. On October 14, 2020, Shaanxi regulatory bureau of the China Securities Regulatory Commission imposed administrative penalties on the defendant Yanan Bicon Pharmaceutical Listed Company(002411) company for the acts of major omissions, false records and misleading statements of relevant information in the relevant annual report Yanan Bicon Pharmaceutical Listed Company(002411) company’s aforesaid misrepresentation caused huge losses to the plaintiff sun Rong, including loss of investment balance, stamp duty, commission and interest. As the actual controller of Yanan Bicon Pharmaceutical Listed Company(002411) company, the defendant Li zongsong shall bear joint and several liability for compensation.
(II) judgment of this lawsuit
Xi’an Intermediate People’s Court of Shaanxi Province held that: in accordance with Article 85 of the securities law of the people’s Republic of China and articles 4, 7, 8, 9, 11, 12, 25, paragraph 5 of Article 26 and paragraph 2 of Article 35 of the provisions of the Supreme People’s Court on trying civil compensation cases of misrepresentation infringement in the securities market, the judgment is as follows:
1. The defendant Yanan Bicon Pharmaceutical Listed Company(002411) shall compensate the plaintiff sun Rong for the economic loss of 2744683 yuan within 10 days from the effective date of this judgment;
2. The defendant Li zongsong shall be jointly and severally liable to the plaintiff sun Rong for the above amount;
3. The plaintiff sun Rong’s other claims were rejected.
If the obligation to pay money is not performed within the period specified in this judgment, the debt interest during the period of delayed performance shall be doubled in accordance with Article 260 of the Civil Procedure Law of the people’s Republic of China.
The case acceptance fee is 503 yuan (the plaintiff sun Rong has paid in advance), and the plaintiff sun Rong shall bear 12 yuan; The defendants Yanan Bicon Pharmaceutical Listed Company(002411) , Li zongsong shall bear 491 yuan and pay it to the plaintiff sun Rong when performing the obligations of this judgment.
If you are not satisfied with this judgment, you can submit an appeal petition to the court within 15 days from the date of service of the judgment, submit copies according to the number of opposite parties, and appeal to the higher people’s Court of Shaanxi Province.
4、 Civil judgment (2021) Shan 01 min Chu No. 1062
(I) basic information of the proceedings
1. Litigant
Plaintiff: Xu Ruirui
Defendants: Yanan Bicon Pharmaceutical Listed Company(002411) , Li zongsong, Gu Xiaojia, Xiang Xingfu
2. Claim
(1) The four defendants were ordered to compensate the plaintiff for the investment loss of 100394416 yuan (including 1 Guangdong Advertising Group Co.Ltd(002400) yuan of investment difference loss, 771.81 yuan of commission loss and 772.35 yuan of stamp duty loss);
(2) The four defendants were ordered to bear the litigation costs of the case.
3. Facts and reasons
On October 15, 2020, Yanan Bicon Pharmaceutical Listed Company(002411) company issued a public notice of administrative punishment imposed by Shaanxi regulatory bureau of China Securities Regulatory Commission on the defendant Yanan Bicon Pharmaceutical Listed Company(002411) company for major disclosure, false records and misleading statements in relevant annual reports. Before the above-mentioned false statements were exposed, the plaintiff Xu ruiruirui based on his trust in the information disclosure of Yanan Bicon Pharmaceutical Listed Company(002411) company, The defendant Yanan Bicon Pharmaceutical Listed Company(002411) company shall compensate the plaintiff for the economic losses caused by the above acts of the defendant Yanan Bicon Pharmaceutical Listed Company(002411) company. Meanwhile, the defendants Li zongsong, Gu Xiaojia and Xiang Xingfu, as the actual controllers, chairman and vice chairman of Yanan Bicon Pharmaceutical Listed Company(002411) company, shall be jointly and severally liable for compensation.
(II) judgment of this lawsuit
Xi’an Intermediate People’s Court of Shaanxi Province held that: in accordance with Article 85 of the securities law of the people’s Republic of China and articles 4, 7, 8, 9, 11, 12, 25, paragraph 5 of Article 26 and paragraph 2 of Article 35 of the provisions of the Supreme People’s Court on trying civil compensation cases of misrepresentation infringement in the securities market, the judgment is as follows:
1. The defendant Yanan Bicon Pharmaceutical Listed Company(002411) shall compensate the plaintiff Xu ruiruirui for the economic loss of 100317243 yuan within 10 days from the effective date of this judgment;
2. The defendants Li zongsong, Gu Xiaojia and Xiang Xingfu shall be jointly and severally liable to the plaintiff Xu ruiruirui for the above amount; 3. The plaintiff Xu ruiruirui’s other claims were rejected.
If the obligation to pay money is not performed within the period specified in this judgment, the debt interest during the period of delayed performance shall be doubled in accordance with Article 260 of the Civil Procedure Law of the people’s Republic of China.
The case acceptance fee of 13832 yuan (paid in advance by the plaintiff Xu ruiruirui) shall be borne by the defendants Yanan Bicon Pharmaceutical Listed Company(002411) , Li zongsong, Gu Xiaojia and Xiang Xingfu, and shall be paid to the plaintiff Xu ruiruirui when performing the obligations of this judgment.
If they refuse to accept this judgment, the defendants Yanan Bicon Pharmaceutical Listed Company(002411) , Li zongsong and Xiang Xingfu may submit an appeal to the court within 15 days from the date of service of the judgment, and the defendant Gu Xiaojia may submit a copy of the appeal to the higher people’s Court of Shaanxi Province according to the number of the other party within 30 days from the date of service of the judgment.
5、 Briefly explain whether there are other undisclosed litigation and arbitration matters
As of the disclosure date of this announcement, the company and its holding subsidiaries have no other major litigation and arbitration matters that should be disclosed but not disclosed.
6、 Possible impact of this lawsuit on the company’s current profits or future profits
According to the relevant provisions of the accounting standards for business enterprises and reasonable estimates, the company has accrued corresponding estimated liabilities for the investor litigation matters disclosed in the announcement in 2021, and the case judgment of this announcement will not have a significant impact on the company’s profits in the current period. Since other relevant investor litigation cases have not been decided, the company is unable to judge its impact on the company’s profits in the current period or after the period.
The company will continue to pay attention to the progress of investor litigation cases and fulfill the obligation of information disclosure in time. The media designated by the company for information disclosure are securities daily, China Securities News, Shanghai Securities News, securities times and http://www.cn.info.com.cn, All information of the company shall be subject to the information published in the above designated media. Please invest rationally and pay attention to risks.
7、 Documents for future reference
1. Civil judgment of Xi’an Intermediate People’s Court of Shaanxi Province (2021) Shan 01 min Chu No. 381;
2. Civil judgment of Xi’an Intermediate People’s Court of Shaanxi Province (2021) Shan 01 min Chu No. 809;
3. Civil judgment of Xi’an Intermediate People’s Court of Shaanxi Province (2021) Shan 01 min Chu No. 812;
4. Xi’an City, Shaanxi Province
