ZKenergy Science & Technology Co., Ltd. (ZKenergy) filed a lawsuit against Wuxi Suntech, alleging that Wuxi Suntech failed to perform its obligations under the terms of Solar Module Sales Contract. ZKenergy has won the lawsuit in first trial over contract disputes and received the Notice of Judgment on July 23, 2015, in reference to Case (2014) Sushang First Trial-00022.
ZKenergy and Wuxi Suntech had inked a Solar Module Sales Contract (No.C-M-201312127) and the supplementary agreement, yet Wuxi Suntech was accused of failing to perform them. ZKenergy filed the lawsuit on September 1st 2014, requiring Wuxi Suntech to restitute the payment totaling 206 million RMB and to be liable for breach of the agreements. Wuxi Suntech then filed a counterclaim to ZKenergy’s claim on December 25, 2014, requiring ZKenergy to pay its loss of 246.6 million RMB.
The Jiangsu Province Higher People's Court entered the first-trial judgment as follows: "1. Wuxi Suntech is to restitute the payment totaling 206 million RMB within 10 days of the judgment going into effect, as well as pay interest and penalties due to the breach of the agreement (from March 31, 2014 to December 31, 2014,) … 2. Reject ZKenergy's other claims. 3. Reject Wuxi Suntech's counterclaims."
