Securities code: 000566 securities abbreviation: Hainan Haiyao Co.Ltd(000566) Announcement No.: 2022-005
Announcement on the lawsuit filed by the company
The board of directors and all directors of the company guarantee that the contents of the announcement are true, accurate and complete without false records, misleading statements or major omissions.
1、 Basic information on the acceptance of this litigation
Hainan Haiyao Co.Ltd(000566) (hereinafter referred to as "the company") recently filed a lawsuit with the people's Court on the contract dispute case with Chongqing Yade Technology Co., Ltd. (hereinafter referred to as "Yade technology"). Company in
On January 20, 2022, the notice of accepting the case (case No.: (2022) qiong01 minchu No. 26) was received from Haikou intermediate people's Court of Hainan Province.
2、 Basic information about the case
(I) litigants
Plaintiff: Hainan Haiyao Co.Ltd(000566)
Defendant 1: Chongqing Yade Technology Co., Ltd
Defendant 2: Miao Qin
(II) claims
1. Request to order the defendant to pay off 1487016.81 yuan of compensation from the plaintiff;
2. It is requested to order the defendant I to pay interest to the plaintiff at the standard of 6% per annum from the date of compensation by the plaintiff to the date of completion of repayment by the defendant I based on the amount compensated by the plaintiff, and the interest is temporarily calculated to be 5781224.37 yuan up to the date of prosecution; 3. It is requested to order the defendant I to pay liquidated damages to the plaintiff at the standard of 0.055 ‰ per day from January 1, 2022 to the date when the defendant I pays off, based on the compensation and interest payable, which is temporarily calculated to be 161290.59 yuan until the date of prosecution;
The above three items total 154729531.77 yuan.
4. Request that the defendant 2 and the defendant 1 be jointly and severally liable for repayment;
5. Request an order to sell off or auction the equity of a relevant subsidiary of the defendant pledged to the plaintiff, and give priority to repay the debts in claims 1-3 to the plaintiff with the proceeds;
6. Request that the two defendants be ordered to bear the expenses arising from the auction or sale of the Pledged Shares;
7. Request that the two defendants be ordered to bear the legal costs of the case.
(III) facts and reasons of litigation
The defendant 1 paid shares to Chongqing rural commercial bank from March 6, 2020 to August 5, 2020
The plaintiff provided the defendant with joint and several liability guarantee to the bank when the bank such as Jiulongpo sub branch of Co., Ltd. applied for a loan.
Later, because Yade technology failed to repay the bank loan on schedule, the company received the loan from Yade technology on June 2, 2021
With regard to the notice of the loan bank to perform the guarantee liability, the relevant bank requires the company to perform the joint and several guarantee in accordance with the contract
As of June 3, 2021, the company has paid off the principal of relevant bank loans on behalf of Yade technology
148787016.81 yuan, and the loan interest (including overdue penalty interest) shall be paid by Yade technology. For details, see the company's disclosure on cninfo.com on June 5, 2021（ http://www.cn.info.com.cn. ）Announcement on the performance of joint and several liability for external guarantee.
After the company repaid the loan, it has repeatedly urged Yade technology to repay the compensation. Up to now, Yade technology has not repaid the above amount to the company. In order to safeguard the legitimate rights and interests of the company, a lawsuit was filed in accordance with Article 700 of the civil code and the counter guarantee agreement.
3、 Judgment or award
The above-mentioned cases have just been accepted by the court and have not yet been heard.
4、 About other lawsuits of Yade Technology
Due to the shortage of funds, Yade technology was unable to return the principal of financial assistance provided by the company by 20 million yuan on schedule. On August 25, 2021, the company filed a lawsuit to the people's court for the dispute over private lending involved in the financial assistance, and received the notice on accepting the case (case No. (2021) qiong01 minchu No. 368) from the intermediate people's Court of Haikou City, Hainan Province, requesting Yade technology to repay 20 million yuan to the company; And based on 20 million yuan, from the date when the company actually lends it to the date when Yade technology pays off the principal, the interest shall be paid to the company at the standard of 8% annual interest rate, which is temporarily calculated to be 2445555.62 yuan up to the date of prosecution.
The above-mentioned cases have been accepted by the court and have been heard on October 22, 2021, but no judgment has been made.
5、 Other undisclosed litigation and arbitration matters
As of the date of this announcement, the company and its holding subsidiaries had 38 unsettled cases (excluding the mediation reached, including this lawsuit), with the subject matter of the lawsuit totaling 364.2717 million yuan, accounting for 9.17% of the company's latest audited net assets; Among them, there were 13 cases of principal complaints, involving an amount of 327108700 yuan; There were 25 sued cases involving an amount of 37.1629 million yuan. In addition, the company and its holding subsidiaries have no other major litigation and arbitration matters that should be disclosed but have not been disclosed.
6、 Possible impact of the lawsuit announced this time on the company's current profits or future profits
As of the date of this announcement, the case has not been heard. The impact of this lawsuit on the company's current or future profits is still uncertain, and the final actual impact shall be subject to the court's judgment. The company's capital can still meet the needs of normal operation and development, and will not have an adverse impact on the company's daily production and operation.
The company will timely perform the obligation of information disclosure on the progress of this lawsuit in accordance with relevant regulations. Please pay attention to investment risks.
7、 Documents for future reference
Notice on accepting cases issued by Haikou intermediate people's Court of Hainan Province
It is hereby announced
Hainan Haiyao Co.Ltd(000566) board of directors
January 20, 2002
