Chengde Lulu complained that Shantou Lulu was rejected in the second instance and expanded the Southern market in the life.

On July 22, Chengde Lulu issued an announcement saying that recently received the Guangdong Provincial Higher People's Court (hereinafter referred to as "Guangdong High Court") "Civil Judgment" and learned that the Guangdong High Court responded to the plaintiff Wanxiang Sannong Group Co., Ltd. (hereinafter referred to as the abbreviation "Wanxiang Sannong Group") The second trial of the second trial of related parties in Shantou High -tech Zone Lulu South Co., Ltd. (hereinafter referred to as "Shantou Lulu") and other related parties. Chengde Lulu expanded the southern market.

The "Memorandum" is legally valid, and the second instance has been rejected

The announcement of the announcement is that the Guangdong High Court believes that the controversy of the company's related transaction damage liability disputes is: the effectiveness of the "Memorandum" and "Supplementary Memorandum"; and whether the court of first instance has violated the legal procedure.

Regarding Focus I, the judgment of the Guangdong High Court identified the court of first instance: "Shantou Lulu, Linlin Group, Hong Kong Feida Company and Chengde Lulu signed the" Memorandum "and" Supplementary Memorandum "signed in a specific historical period and background. The true intentions of the party and the compulsory provisions of the compulsory regulations of laws and administrative regulations should be legitimate and effective. "

Regarding Focus II, in response to "Wanxiang Sannong Group claims that the court of first instance has missed the invalid request for confirming the" Memorandum "and" Supplementary Memorandum ", and rejected the judicial appraisal application of the true formation time of the" Supplementary Memorandum ", violating the legal procedures in violation of the legal procedures "The Guangdong High Court believes that the court of first instance has been invalidated to the" Memorandum "and" Supplementary Memorandum "as the focus of the controversy in the case, analyzed and discussed, and made a verdict to reject Wannong Group's lawsuit. "The formation time does not affect the identification of its effectiveness. The court of first instance rejected Wanxiang Sannong Group's judicial appraisal application for the true formation time of the" Supplementary Memorandum "and did not violate the legal procedures.

In summary, in accordance with the provisions of Article 177, paragraph 1, paragraph 1, paragraph 1 of the Civil Procedure Law of the People's Republic of China, made a verdict of "rejection of appeals and maintaining the original". The Guangdong High Court considers that Shantou Lulu's application for the second trial of the first trial of the case believes: "Do not violate the laws and regulations, and give it." According to Article 180 of the Civil Procedure Law of the People's Republic of China, The following rulings are made: the appellant may withdraw the appellation.

Regarding the influence of the judgment, Chengde Lulu said that Shantou Lulu believes that the "Memorandum" and "Supplementary Memorandum" signed in a specific historical period and background, but the content of the "Memorandum" and "Supplementary Memorandum" is actually conducive to Shantou. Lulu is completely disadvantaged to the development of Chengde Lulu. What is established is the illegal benefit transportation and protection mechanism of Shantou Lulu and Hong Kong Feida. Production and operation and future development. At present, it is impossible to accurately estimate the specific impact of the company's current profit and post -period profits.

It is understood that Chengde Lulu's dispute with Shantou Lulu has a long time. In 1995, in order to open up the Southern Almond Lu Market, Chengde Lulu's controlling shareholder Lulu Group and Hong Kong Feida Enterprise jointly established Shantou Lulu. In 2001, Chengde Lulu transferred a 51%equity of Shantou Lulu to Lulu Group, which was decoupled with Chengde Lulu on the equity relationship. At the end of 2001 and early 2002, the relevant Quartet signed a memorandum and supplementary memorandum in Shantou.

According to Shantou Lulu's statement, the "Memorandum" and "Supplementary Memorandum" were signed by Lulu Group, Chengde Lulu, Shantou Lulu, and Feida. The use of font size, product and sales market division, and usage fee have been made in detail: Shantou Lulu Company continued to use registered trademarks and patent technologies, and the right to use is still effective under any registered trademark and patent technology transfer.

Since then, the above memorandum stipulates that Shantou Lulu is responsible for the production and sale of the three canned "Lulu" brand drinks in the eight provinces (autonomous regions) of Guangdong, Fujian, and Guangxi. Shantou Lulu exclusively produces and sells the "Lulu" brand composite paper soft packaging beverage products to supply the national market, and can use Chengde Lulu's sales channels and advantages to strengthen the product's sales in the northern market according to the development needs.

Chengde Lulu South expansion is even harder

Chengde Luluyi, difficult to develop the southern market, and the dispute began.

In June 2004, Shenzhen Wanxiang Investment Co., Ltd. (later renamed Shenzhen Tonglian Investment Co., Ltd.) and Wanxiang Sannong Group signed the "Share Transfer Agreement", and Wanxiang Sannong Group transferred 26%of the equity of Chengde Lulu. Become a shareholder of Chengde Lulu. In 2006, Wanxiang Sannong Group became the largest shareholder of Chengde Lulu. In November 2006, Chengde Lulu and Lulu Group signed an intangible asset transfer agreement and spent 301 million yuan to buy "Lulu" trademarks and patents invisible. assets.

After Wanxiang Sannong Group discovered the existence of the "Memorandum" and "Supplementary Memorandum", he began to initiate a lawsuit.

In 2018, Wanxiang Sannong Group began to comprehensively understand the facts signed by the Memorandum and Supplementary Memorandum, and believed that the signing of the Memorandum and the Supplementary Memorandum was contrary to the common sense, which did not meet the business logic at all. Chengde Lulu and the legitimate rights and interests of all shareholders seriously infringed the interests of state -owned assets at that time, while long -term damage to the local economy in Chengde.

On March 20, 2019, Hebei High Court filed a case to accept Chengde Lulu's controlling shareholder Wan Xiang Sannong Group Co., Ltd. to sue Linlin Group and other relevant parties to transaction damage damage liability disputes. During the acceptance of the lawsuit, Shantou Lulu proposed his jurisdiction and was rejected by Hebei High Court. The defendant Shantou Lulu appealed to the Supreme People's Court of the People's Republic of China. In January 2020, the Supreme People's Court of the People's Republic of China ruled that the River High Court was canceled and transferred the case to the Intermediate People's Court of Shantou City, Guangdong Province. Guangdong Shantou Intermediate People's Court ruled in January 2021: rejection of Wanxiang Sannong Group Co., Ltd.'s lawsuit; rejection of the counterclaim request of Lulu South Co., Ltd. of Shantou High -tech Zone. Wan Xiang Sannong Group and Shantou Lulu were arbitrarily arranged by the Guangdong Provincial Intermediate People's Court and appealed to the Guangdong High Court. The Guangdong High Court filed a case on May 13, 2021.

The second trial of the Guangdong High Court rejected Wanxiang Sannong Group's lawsuit, which means that Shantou Lulu continued to use the "Lulu" brand to sell related products in many places in the south to get support from the court. Chengde Lulu's entry into the southern market will be more difficult.

Data show that Chengde Lulu achieved operating income of 2.524 billion yuan in 2021, an increase of 35.65%over the same period last year; net profit was 568 million yuan, an increase of 31.06%over the same period last year, compared with 2.255 billion revenue in 2019 and 465 million yuan For net profit, Chengde Lulu has returned to the level before the epidemic.

However, it is worth noting that since the revenue of Chengde Lulu reached 2.706 billion yuan in 2015, it has been in the decline range. In 2020, the income slipped from 2 billion yuan to 1.861 billion yuan.

From the perspective of the industry, Chengde Lulu has been established for more than 70 years, and Wanxiang Sannong Group has acquired Chengde Lulu for nearly 20 years, but the income scale has not achieved a large increase. Development. The financial report in 2021 shows that the revenue in the northern part of Chengde Lulu was 2.331 billion yuan, accounting for 92.34%. The income of 135 million yuan in the central region accounted for only 5.35%, and the revenue of other regions was 58.1508 million yuan, accounting for only 2.3%.

Chengde Lulu said that he would further study and analyze the case with the acting lawyer and make a good arrangement for the next step. Investors are requested to pay attention to investment risks.

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