Zhuo Ran shares filed a lawsuit due to the dispute between the sales contract, and the case has not yet opened a trial
Author:Capital state Time:2022.08.18
On August 17, 2022, Zhuo Ran (688121.SH) issued an announcement on corporate lawsuits.
Shanghai Zhuoran Engineering Technology Co., Ltd. (hereinafter referred to as "Company" or "Plaintiff"), as the plaintiff, was on the dispute with Heilongjiang Longyou Petrochemical Co., Ltd. (hereinafter referred to as the "defendant"). The District People's Court filed a lawsuit. The court filed a case on August 15, 2022, with the case number: (2022) Black 0606 Minchu No. 1828. As of the disclosure of this announcement, the case has not yet been tried.
Plaintiff: Shanghai Zhuoran Engineering Technology Co., Ltd.
Residence: Block D, No. 1, No. 1, No. 1, No. 1, No. 1, No. 1, 88, Minhang District, Minhang District, Shanghai
Unified social credit code: 91310000741614843Q
Legal representative: Zhang Jinhong
Defendant: Heilongjiang Dragon Oil Petrochemical Co., Ltd.
Residence: Room 307 and 308, Daqing Lianyi Petrochemical Petrochemical Petrochemical Petroleum of Heilongjiang Province, Datong District, Daqing City, Daqing City, Heilongjiang Province
Unified social credit code: 91230600569867047Q
Legal representative: Yu Qijun
On November 30, 2018, the defendant and the plaintiff signed the "5.5 million tons/annual heavy oil catalytic thermal cracking project and 950,000 tons/annual polyolefin 400,000 tons/young hydrocarbon cracking device gas crack furnace procurement and installation contract" (hereinafter referred to as abbreviated "Procurement Contract"), stipulated that the defendant purchased the Pan Gas Gas Crack (hereinafter referred to as the "Equipment") from the plaintiff, with a total price of 166 million yuan.
On August 29, 2019, the defendant and the plaintiff signed the "Supplementary Agreement" to change the amount of the "Procurement Contract" contract amount and payment method as follows: The first payment: The plaintiff has submitted a performance guarantee, and the defendant has paid on December 29, 2018. On December 29, 2018 33.2 million yuan; the second payment: One month before the delivery, the defendant paid 63,824,136.4 yuan after receiving the plaintiff's written notice; the third payment: After the device reached the designated location of the defendant, the defendant paid 32,341,378.8 yuan ("arrival") ; Fourth payment: After the equipment installation was completed and accepted, the defendant paid 16,170,689.4 yuan ("Installation Acceptance"); the fifth payment: After the warranty period expired, the defendant paid 16,170,689.4 yuan ("warranty"). The plaintiff had transported the equipment to the designated place in accordance with the agreement of the "Procurement Contract" on July 30, 2020, and was accepted by the defendant.
On March 15, 2021, the plaintiff completed the project transfer on the same day. The equipment was put into production on May 13, 2021, and the equipment quality insurance period was full on May 13, 2022. During the warranty period, the defendant never raised any quality issues. At this point, the payment conditions under the "Procurement Contract" have been achieved. However, after the device was transported to the designated place, the defendant paid 5 million yuan to the payment and opened 10 million yuan on December 30, 2021. The amount is deducted), and no contract payments are paid later.
The defendant repeatedly delayed the payment contract and had seriously violated the agreement. Although the plaintiff repeatedly urged and commissioned a law firm to send a letter to him on May 21, 2022, he did not pay. In order to safeguard their legitimate rights and interests, the plaintiff shared a lawsuit in accordance with the "People's Republic of China Code", "Civil Procedure Law of the People's Republic of China" and related judicial interpretations.
The content of the request of the lawsuit is as follows:
1. The defendant ordered the defendant to pay the "Procurement Contract" item to the payment of 17,341,378.8 yuan (RMB, the same below);
2. The defendant was ordered to compensate the plaintiff for the loss of overdue payment to the payment. At the base of 17,341,378.8 yuan, at the standard of 1.5 times the LPR standard, it was calculated from July 31, 2020 (the next day on the delivery day) to the date of payment. end;
3. The defendant was ordered to pay the plaintiff's "Procurement Contract" item of 16,170,689.4 yuan;
4. The defendant was ordered to compensate the plaintiff for the loss of overdue payment installation and acceptance funds, with 16,170,689.4 yuan as the basis of 1.5 times the LPR standard, and from March 16, 2021 (the next day on the acceptance of the acceptance of acceptance) to the payment Daily;
5. The defendant ordered the defendant to pay the plaintiff's "Procurement Contract" item of 16,170,689.4 yuan;
6. The defendant was ordered to compensate the plaintiff for the loss of overdue payment of warranty. The basis of 16,170,689.4 yuan was based on 1.5 times the LPR standard. end;
7. Order the defendant to bear the litigation and premiums of the case.
The above 1-6 request amount will be 53,082,278.5 yuan on July 25, 2022.
The amount involved in the lawsuit is temporarily RMB 53,082,278.5. In view of the trial of this case, the final judgment results have not yet been determined. At present, the impact of this lawsuit on the company's current profit or post -period profit. The actual impact must be based on the results of the court's effective judgment.
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