Securities code: 002200 securities abbreviation: Yunnan Yuntou Ecology And Environment Technology Co.Ltd(002200) Announcement No.: 2022-009
Yunnan Yuntou Ecology And Environment Technology Co.Ltd(002200)
Progress announcement on litigation matters
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.
1、 Basic information of litigation matters
1. In January 2019, Yunnan Yuntou Ecology And Environment Technology Co.Ltd(002200) (hereinafter referred to as “the company” or “cloud investment ecology”) received the notice of case acceptance ([2018] CMC No. 151) and other relevant legal documents sent by Sichuan Higher People’s court, Sichuan Provincial Higher People’s court has accepted the civil lawsuit (hereinafter referred to as “this lawsuit”) for construction contract disputes filed by the company as the plaintiff against the defendant Nanchong municipal government investment non operating project construction agency Center (hereinafter referred to as “Nanchong Construction Agency Center”), requesting to order Nanchong construction agency center to pay project funds, investment income and interest to the company. For details, please refer to China Securities Journal, securities times, Shanghai Securities News, securities daily and cninfo (www.cn. Info. Com. CN.) on January 3, 2019 Announcement on litigation matters disclosed on (Announcement No.: 2019-001). 2. In October 2020, the company received the civil counterclaim, notice of response ([2018] CMC No. 151), summons and other relevant legal documents sent by Sichuan Higher People’s court. The defendant of the above case, Nanchong agency construction center, filed a counterclaim against the company with Sichuan Higher People’s Court (hereinafter referred to as “counterclaim case”), For details, please refer to China Securities Journal, securities times, Shanghai Securities News, securities daily and http://www.cn.info.com.cn on October 21, 2020 The progress announcement on litigation matters (counterclaim) (Announcement No. 2020-066) disclosed on the.
3. In November 2021, the company received (2018) CMC No. 151 civil judgment from Sichuan Higher People’s court. After trial, the higher people’s Court of Sichuan Province, in accordance with articles 113 and 114 of the contract law of the people’s Republic of China and Article 29 of the interpretation of the Supreme People’s Court on Several Issues concerning the application of the contract law of the people’s Republic of China (II) (FSH [2009] No. 5) Article 18 and Article 21 of the interpretation of the Supreme People’s Court on the application of law in the trial of disputes over construction contracts of construction projects (FSH [2004] No. 14) and the provisions of paragraph 2 of Article 1 of the provisions of the Supreme People’s Court on the application of the time effect of the civil code of the people’s Republic of China, made a judgment of first instance on this case and the counterclaim case. For details, please refer to China Securities Journal, securities times, Shanghai Securities News, securities daily and http://www.cn.info.com.cn on November 19, 2021 The progress announcement on litigation matters (Announcement No.: 2021-083) disclosed on the.
2、 Case progress
Recently, the company received legal documents such as notice of payment of litigation costs, petition (Nanchong Construction Agency Center) and certificate of service from Sichuan Provincial Higher People’s court. The company and Nanchong Construction Agency Center expressed dissatisfaction with the first instance judgment of this case and counterclaim, and submitted an appeal petition to the Supreme People’s Court of the people’s Republic of China. The company’s appeal is:
1. Based on the total project settlement price of 624359404.00 yuan confirmed in the judgment of first instance, the investment income is calculated in full, and the investment income paid by Nanchong agent construction center to the company is changed to 59314143.38 yuan. 2. The revision shall start from the date of completion and delivery of the company, and take the unpaid project settlement price of 624359404.00 yuan after completion as the base (the decreasing base paid later), and calculate the interest in full until the date of payment. 3. Change the judgment to support all liquidated damages of the company in items I, II and III of the litigation claims of the first instance.
4. Support Nanchong agent construction center to compensate the company for the loss of 52591315.00 yuan.
5. The modified company enjoys the mortgage right on the mortgaged property involved in the case, namely, the state-owned land use right under the national land use certificate of Nanchong City (2011) No. 012075 and (2011) No. 011037, and has the priority to be repaid in the disposal price of the above two pieces of land;
6. Change the judgment and reject all counterclaims of Nanchong agent construction center in the first instance against the company;
7. The litigation costs of the first and second instance of this case shall be borne by Nanchong agent construction center.
The appeal request of Nanchong agent construction center is:
1. Revoke (2018) CMC No. 151 civil judgment and send it back to the original people’s court for retrial, or after finding out the facts, change the judgment according to law as: reject all claims of cloud investment ecology and support all counterclaims of Nanchong agent construction center;
2. The litigation cost of this case shall be borne by cloud investment ecology.
3、 Other undisclosed major litigation and arbitration matters
The company has no other major litigation and arbitration matters that should be disclosed but have not been disclosed.
4、 Possible impact of the lawsuit announced this time on the company’s current profits or future profits
At present, the second instance of this case has not been held, and the impact on the company’s profits in the current period or after the period is uncertain. The company will fulfill the obligation of information disclosure in time according to the progress of the case. Please pay attention to the investment risk.
5、 Documents for future reference
1. Sichuan Provincial Higher People’s court’s legal documents such as notice of payment of litigation costs, petition (Nanchong agent construction center), receipt of service and so on.
It is hereby announced.
Yunnan Yuntou Ecology And Environment Technology Co.Ltd(002200)
Board of directors
January 18, 2002
