Stock Code: 000752 stock abbreviation: * ST Xifa Announcement No.: 2022-008 Tibet Development Co.Ltd(000752)
Announcement on the progress of loan contract (2018) chuan01 minchu No. 1985
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.
Risk tips:
1. As of the announcement date, six bank accounts of the company have been frozen (five of the above frozen accounts are the accounts of the parent company, one is the account of the subsidiary Tibet Galaxy Trading Co., Ltd., and the company is a holding company. The freezing of the accounts involved has not affected the normal production and operation of the company’s business, and the above accounts are not the main bank accounts of the company). The amount frozen by the parent company is 327038000 yuan, The actual frozen amount is 2.0647 million yuan; The shares of Tibet Lhasa Beer Co., Ltd., Tibet Galaxy Trading Co., Ltd., Suzhou Huaxin shandalichuang investment enterprise (limited partnership), Sichuan Hengsheng Technology Development Co., Ltd. and Zhongcheng Shanda (Suzhou) Asset Management Co., Ltd. held by the company are frozen or waiting to be frozen. Please pay attention to the risks.
2. The company solemnly reminds investors that the information disclosure media designated by the company are China Securities News, securities times and cninfo（ http://www.cn.info.com.cn. ）, all information of the company is subject to the information published in the above designated media. Please pay attention to relevant announcements, invest rationally and pay attention to risks.
1、 Basic information of the case
Tibet Development Co.Ltd(000752) (hereinafter referred to as the “company”, “listed company” and “Tibet development”) entrusted a lawyer to verify and obtain the relevant documents of the case in which the listed company, Chu Xiaohan, Sichuan Sanzhou Special Steel Pipe Co., Ltd. and Sichuan Sanzhou chemical machinery nuclear energy equipment manufacturing Co., Ltd. are the Executees on September 3, 2018, Including: civil mediation statement (2018) Chuan 01 min Chu No. 1985, property report order (2018) Chuan 01 Zhi No. 1674, enforcement notice (2018) Chuan 01 Zhi No. 1674, etc.
On August 22, 2018, the plaintiff and the defendant voluntarily reached the following agreement on the above loan dispute according to the execution notice (2018) Chuan 01 Zhi No. 1674 of Chengdu Intermediate People’s Court of Sichuan Province:
(1) After reconciliation and accounting by all parties, it is confirmed that as of August 22, 2018, Tibet development still owes the plaintiff a loan principal of 27.1 million yuan and an interest of 1.054 million yuan. During the installment repayment period, the interest shall be calculated by 2% per month based on the outstanding principal until the principal is fully paid. The principal returned before the interest payment date shall not continue to bear interest from the date of return; (2) The plaintiff agrees that Tibet development will repay the principal of 27.1 million yuan, interest of 2742874 yuan, lawyer’s fee of 592618.76 yuan, case acceptance fee of 92591.50 yuan, preservation fee of 5000 yuan and guarantee insurance premium of 34400 yuan in batches from August 24, 2018 to December 28, 2018; (3) The parties agree and acknowledge that if Tibet development fails to perform any repayment obligation on time according to the above agreement, the plaintiff has the right to apply to the court for resumption of compulsory execution, and Tibet development has not paid off all the debts determined in this mediation statement; (4) Chu Xiaohan, Sanzhou special steel and Sanzhou equipment manufacturing, as joint and several liability guarantors, voluntarily bear joint and several liability for the repayment obligation of Tibet development agreed above.
On September 5, 2018, the lawyer entrusted by the company further obtained the case file materials from the intermediate people’s Court of Chengdu, Sichuan Province, including: indictment, case acceptance notice (2018) Chuan 01 min Chu No. 1985, response notice (2018) Chuan 01 min Chu No. 1985, power of attorney, loan contract, guarantee contract, settlement agreement, civil mediation record, court summons, etc. According to the latest material obtained from the court, article 5.3 of the loan contract shows: “the borrower designates the following accounts as the withdrawal account and special account for repayment (” borrower account “), account name: Tibet Tianyi Longxing Investment Co., Ltd., account number: 1101 ******** 008, Bank of deposit: Ping An Bank Co.Ltd(000001) Beijing * * sub branch”. The designated collection account of the loan obtained in the name of the listed company is Tianyi Longxing. The amount involved in the case of 29.8 million yuan has never entered the account of the listed company. As of August 22, 2018, the repaid amount involved in the case of 1.8235 million yuan has never been repaid through the account of the listed company.
Promote the resolution of the debt risks caused by the company’s historical litigation. Combined with the current situation of the company, the company signed the debt settlement agreement with Wu Xiaorong on December 30, 2020. The main contents of the agreement are as follows:
According to the civil mediation statement (2018) Chuan 01 min Chu No. 1985 made by Chengdu Intermediate People’s Court on June 25, 2018 and the execution settlement signed based on the execution notice of court (2018) Chuan 01 Zhi No. 1674, both parties have reached the following agreement on debt repayment through consultation for mutual compliance.
(I) confirmation of creditor’s rights
The creditor and the debtor jointly confirmed that as of December 31, 2020, the debtor owed the creditor a total of 25900000 yuan of loan principal, 15755333.33 yuan of interest (based on 25900000 yuan of loan principal and 24% of annual interest rate), and 724610.26 yuan of other expenses (expenses caused by arbitration, litigation and preservation), The total amount of creditor’s rights is 42379943.59 yuan (hereinafter referred to as the subject creditor’s rights). Now the creditor and the debtor jointly confirm that the subject creditor’s right has expired.
(II) debt forgiveness
The creditor agrees to exempt part of the debt after the signing of this agreement. After the debt exemption, the debtor needs to repay the total debt of 29.8 million yuan (in words: RMB twenty-nine million eight hundred thousand yuan). Specific exemptions are as follows:
1. Interest exemption: as of December 31, 2020, the total loan interest was 15755333.33 yuan, and the creditor agreed to exempt 11855333.33 yuan; The remaining loan principal to be repaid after exemption will not be subject to interest since December 31, 2020.
2. Exemption of other expenses: as of December 31, 2020, the total expenses caused by arbitration, litigation, preservation and other matters were 724610.26 yuan, and the creditor agreed to exempt them all.
(III) repayment plan
1. Repayment plan: the debtor shall pay 29.8 million yuan (in words: Twenty nine million eight hundred thousand yuan) to the creditor in full in three installments before August 30, 2021. The specific repayment plan is as follows:
Number of repayment periods repayment period repayment amount (yuan)
1. RMB 6 million before March 31, 2021
2. RMB 11.9 million before June 30, 2021
3. RMB 11.9 million before August 30, 2021
2. After the debtor pays in full, the debtor’s debts to the creditor under this Agreement are paid off, and the subject-matter creditor’s rights are extinguished. After the civil conciliation statement (2018) No. 01 minchu 1985 is performed, the creditor shall not claim any rights against the debtor based on the subject-matter creditor’s rights.
If the debtor fails to pay in full in any one of the above repayment terms, the creditor has the right to immediately apply to Chengdu Intermediate People’s court to resume the execution procedure of case (2018) chuan01 minchu No. 1674 in accordance with civil mediation (2018) chuan01 minchu No. 1985) and continue to execute the debts confirmed in civil mediation (2018) chuan01 minchu No. 1985).
(IV) entry into force
This Agreement shall come into force after being signed and sealed by the legal representatives or authorized representatives of both parties.
The company failed to pay on schedule due to fund-raising problems. After consultation with the creditor Wu Xiaorong, the understanding of Wu Xiaorong’s deferred payment was obtained in August 2021. The other party agreed to maintain the amount agreed in the original settlement agreement and extend the payment period of the remaining liabilities of RMB 24.8 million to be paid before May 31, 2022.
For details, please refer to cninfo.com published by the company on September 4, 2018, September 6, 2018 and January 1, 2021（ http://www.cn.info.com.cn. ）Relevant announcements (Announcement No.: 2018-065, 2018-067, 2021-002).
2、 Latest progress
The company recently disclosed the information on its website and verified the information from Wu Xiaorong, who held
Tibet Lhasa Beer Co., Ltd., Sichuan Hengsheng Technology Development Co., Ltd. and Zhongcheng Shanda (Suzhou) assets
The equity of the Management Co., Ltd. has applied to the Chengdu Intermediate People’s court for renewal freezing (the frozen amount has not been issued)
The frozen amounts were US $22.955177 million, RMB 49 million and RMB 12 million respectively
Mincoin, the company has not received the legal documents sent by the court on the above matters.
Up to now, the company has paid 5 million yuan to Wu Xiaorong according to the settlement agreement reached and Wu Xiaorong
According to the deferred payment understanding issued to the company, the remaining settlement amount of 24.8 million yuan is scheduled for May 31, 2022
Payment is completed before.
3、 Are there any other undisclosed litigation and arbitration matters
Litigation disclosure date disclosure index
September 4, 2018 cninfo (www.cn. Info. Com. CN.) Announcement No. 2018-065
Wu Xiao accepted by Chengdu Intermediate People’s Court on September 6, 2018 http://www.cn.info.com.cn Rong v. dispute over the development of private lending in Tibet, Announcement No. 2018-067
No.: (2018) Chuan 01 min Chu 1985 January 4, 2021 cninfo (www.cn. Info. Com. CN.) Announcement 2020-002
January 20, 2022 cninfo (www.cn. Info. Com. CN.) Announcement 2022-008
September 19, 2018 cninfo (www.cn. Info. Com. CN.) Announcement No. 2018-070
October 11, 2018 cninfo (www.cn. Info. Com. CN.) Announcement No. 2018-076
January 4, 2019 cninfo (www.cn. Info. Com. CN.) Announcement No. 2019-005
February 25, 2019 cninfo (www.cn. Info. Com. CN.) Announcement No. 2019-022
Cninfo (www.cn. Info. Com. CN.) accepted by Qingbaijiang District People’s Court of Chengdu on March 15, 2019 Announcement No. 2019-026 on payment of instant factoring v. Tibet development bill
Claim dispute, case No.: (2018) Chuan 0113 March 19, 2019 cninfo (www.cn. Info. Com. CN.) Republic of China Announcement No. 2099 No. 2019-027
2019
