玖富起诉人保索要23亿服务费，人保反诉合作协议无效

来源：FinX科技

公告称，玖富数科最近针对人保财险广东分公司向北京地方法院提起了法律诉讼，称人保未履行双方的合作协议，向玖富数科支付其直接贷款计划下的服务费。

人保公司已支付了一部分服务费，但未履行合作协议所涵盖的期间内余下的人民币22亿元服务费。公告指出，其中22亿元玖富数科已记为应收账款，尚未确认余下的尚待支付的服务费8亿元。

「与人保的纠纷严重影响了公司2019年的经营业绩和财务状况。」玖富数科在公告中称，目前正在向人保索赔约人民币23亿元，以弥补其未偿还的服务费及逾期损失等相关费用。

而对此，人保也向广州市地方法院对玖富数科提起了诉讼，并称其双方的合作协议项下的第二项无效，声称玖富数科应归还合作协议项下其已支付的服务费和应计利息，并声称人保没有义务向玖富数科支付服务费。

所谓服务费，即是助贷平台通过保险费向借款用户收取的一部分费用。FinX科技了解，助贷平台为避免显性高额费用等原因，往往会将部分费用划入保险费等其他名目中由合作机构代为收取，然后再返还给助贷平台。

「如果败诉，可能会对公司的经营业绩、财务状况、流动性和前景造成重大不利影响。」玖富数科在公告中称。

目前，玖富数科2019年报及审计财务报告仍处于延迟发布中。

以下为公告原文：

9F and PICC Pursue Legal Actions against Each Other

9F Inc. (“9F” or the “Company”) is filing this current report on Form 6-K to disclose legal actions that its PRC affiliates and PICC Property and Casualty Company Limited Guangdong Branch (the “PICC”) are pursuing against each other relating to a contractual dispute. Jiufu Shuke Technology Group Co., Ltd., a variable interest entity of 9F (the “Jiufu Shuke”) recently commenced a legal proceeding against PICC by submitting a complaint with a local court in Beijing (the “Beijing Local Court”) due to PICC’s non-performance of a cooperation agreement, as amended (the “Cooperation Agreement”) to pay the outstanding service fees under 9F’s direct lending program (the “9F Initiated Legal Action”).  In 2019, under 9F’s direct lending program, PICC is obligated to pay service fees as agreed in the Cooperation Agreement to Jiufu Shuke for its services.  PICC paid a portion of service fees, but has failed to fulfil its remaining payment obligations for the rest of the service fees amounting to approximately RMB2.2 billion for a period covered under the Cooperation Agreement (the “Outstanding Service Fees”). With respect to RMB1.4 billion of the Outstanding Service Fees that has been recorded as accounts receivable, the Company has recognized full valuation allowance. The Company has not recognized the remaining Outstanding Service Fees in the amount of approximately RMB0.8 billion, as revenue recognition criteria was not met.  The dispute with PICC has materially and adversely affected the Company’s results of operations and financial condition in 2019. With respect to the 9F Initiated Legal Action, Jiufu Shuke is seeking damages of approximately RMB2.3 billion from PICC to cover the Outstanding Service Fees and related late payment losses.

After Jiufu Shuke commenced the 9F Initiated Legal Action at the Beijing Local Court, PICC filed a civil lawsuit (the “PICC Initiated Legal Action”) against Jiufu Shuke and Beijing Jiufu Lianyin Technology Co., Ltd., a wholly owned subsidiary of 9F (the “Jiufu Lianyin”), at a local court in Guangzhou (the “Guangzhou Local Court”) claiming that the second amendment under the Cooperation Agreement is invalid.  PICC requests that Jiufu Shuke return a portion of the paid service fees under the Cooperation Agreement and the accrued interest, and claims that PICC is not obligated to pay the Outstanding Service Fees.

For the 9F Initiated Legal Action, the Company will vigorously assert its rights against PICC.  With respect to the PICC Initiated Legal Action, the Company intends to defend the action vigorously. However, both actions remain at the  preliminary stage, and it is not possible at this stage to ascertain the outcome of either of the lawsuits. If the Company does not prevail in either of the lawsuits completely or in part, or fails to reach a favorable settlement with PICC, the Company’s results of operations, financial condition, liquidity and prospects may be materially and adversely affected.

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