PTT GLOBAL CHEMICAL PUBLIC COMPANY LIMITED AND SUBSIDIARIES FOR THE YEAR ENDED DECEMBER 31, 2021 NOTES TO THE FINANCIAL STATEMENTS - 110 - b) Oil spill incident legal case During the third quarter of 2014, the number of people in Rayong filed several lawsuits with the Civil Court and the Rayong Provincial Court against the Company to claim the extra compensation from oil spill incident and to perform the rehabilitation of the sea and natural environmental recovery. Some cases have been dismissed and some cases have been passed a judgement by the Civil Court on August 25, 2016 by ordered the Company to compensate for damages including interest and rehabilitation of approximately Baht 11.26 million. The Company has appealed on February 17, 2017. Subsequently, on May 11, 2018, the Company made compromise agreements with majority plaintiffs at the Civil Court. On December 20, 2018, the Court of Appeal has passed the judgement according to the compromise agreements which the Company has already paid compensation in full amount. For the remaining plaintiffs, the Court of Appeal ordered the Company to pay compensation with its interest according to the judgement of the Court of First Instance and reduced the amount of interest. The Company has paid the compensation to all plaintiffs completely and no petition is submitted to Supreme Court by any plaintiffs. This case has become final. For the case at Rayong Provincial Court, on September 28, 2018, the Court has made the judgement ordering the Company to pay damage cost with its interest of approximately Bath 38 million by deducting the remedy payment paid to the plaintiffs of Baht 24 million. The Company deposited the remaining damage cost with its interest to the Rayong Provincial Court on February 25, 2019. Some plaintiffs filed an appeal with the Rayong Provincial Court and the Company has filed an answer to the appeal with the Rayong Provincial Court on October 2, 2019. Subsequently, on January 22, 2020, the Rayong Provincial Court sent an appointment to hear the judgment of the Court of Appeal Region 2 on March 19, 2020 and the Court of Appeal Region 2 has postponed the date of hearing the judgment. On September 1, 2020, the Court of Appeal Region 2 has made the judgement ordering the Company to pay damage cost with its interest to the plaintiffs. The Company deposited the amount of Baht 25 million to the Rayong Provincial Court on September 30, 2020. Afterwards, on October 14, 2020, the Rayong Provincial Court sent an appointment to hear the judgement or the order of the Court of Appeal Region 2 on November 26, 2020. Then, the plaintiffs have filed the Dika appeal period on March 1, 2021, and the case is currently under the consideration to receive the plaintiffs’ Dika appeal of the Supreme Court. The Company is following up on the progress of the case. c) Transfer of right for the payment of raw materials legal case of the subsidiary c.1) On August 18, 2017, Anatta Green Company Limited (“Anatta”), later changed its name to Thai Bio Innovation Company Limited, the subsidiary and Asia Capital Group Public Company Limited (“ACAP”) entered a tripartite MOU where Anatta agreed to responsible for supplying crude palm oil to the subsidiary and ACAP agreed to provide financial support to Anatta for payment to its suppliers. On the same day, Anatta entered into a loan agreement with ACAP and transferred its right to receive payment for raw materials to ACAP, along with notifying the transfer of such claim to the subsidiary and the subsidiary has given consent to such transfer. During the 2nd quarter of 2018, the subsidiary disclosed the material event of inventory issue to the Stock Exchange of Thailand. At the same time, ACAP has demanded that the subsidiary pay for the raw materials purchased from Anatta under the transfer of claim, a total of 11 items. The subsidiary considered the documents received and clarified to ACAP that such documents were not in the subsidiary's system and did not find evidence of the delivery of the raw materials from Anatta as specified. Subsequently, on August 20, 2018, ACAP filed a lawsuit in the Civil Court, claiming Anatta and the subsidiary jointly to pay damages totaling Baht 324.65 million and 15% interest per annum. The subsidiary's legal advisor had considered the relevant facts and evidences and provided opinion that the subsidiary is not liable for allegation. The subsidiary therefore appointed a lawyer and submitted a statement to defend. The Court of First Instance issued its judgement on June 10, 2020, requiring the subsidiary to compensate ACAP in the amount of Baht 289.56 million plus interest of 15% per annum from the date of default until the payment is complete. If the subsidiary does not pay the said debt in full, Anatta shall pay the remaining balance. The subsidiary filed a legal appeal on November 25, 2020. 342 PTT GLOBAL CHEMICAL PUBLIC COMPANY LIMITED Form 56-1 One Report 2021
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