This case is a brokerage contract dispute arising from an enterprise's failure to secure a bank loan after entrusting an intermediary to handle the matter. After Company A paid a brokerage fee of 800,000 yuan, the loan failed to materialize, and the defendant refused to refund the money. After being retained, lawyers Sun Aolin and Han Yi from Beijing Rude Law Firm accurately identified the facts of the breach of contract, led the litigation process to protect the client's rights, and ultimately helped client successfully terminate the contract, recover the full 800,000 yuan brokerage fee plus interest, and achieve a major victory.
On May 30, 2023, the plaintiff Company A entered into the "Engineering Project Loan Intermediary Contract
Agreement" the defendant Company B and defendant C, agreeing that Company B would provide bank loan
intermediary services for the plaintiff, ensuring that the credit line would be approved within 30 days the loan
disbursed within 60 days after the contract took effect; if the loan failed to be disbursed on schedule, Company B
should refund the previously collected intermediary fee of 1. million yuan, and C signed as the guarantor. After the
agreement was signed, the plaintiff paid a total of 800,000 yuan in intermediary fees to Company B in installments as
agreed, but Company B failed to fulfill its credit line and loan disbursement obligations as agreed, and the loan project
in question ultimately failed to pass the bank's review. plaintiff repeatedly requested the refund of the 800,000 yuan fee, but both defendants refused for various reasons. The plaintiff had no choice but to file a lawsuit court, requesting the termination of the contract, the refund of the 800,000 yuan intermediary fee and interest, and demanding that C bear joint and several liability
During the trial, Company B was absent without cause, and C argued that he was only an introducer and not a
guarantor, and that the loan failure was caused by the's own reasons, refusing to bear any responsibility.
Attorney Sun Aolin graduated from China Three Gorges University. In terms of professional expertise, Attorney Sun
Aolin specializes in dispute resolution such as labor disputes contract disputes, and civil and commercial arbitration or
litigation. He possesses strong control and handling capabilities for civil disputes, various types of litigation occurring in
the economic field, and related legal.
Attorney Sun Aolin serves as a long-term legal advisor for multiple enterprises in Beijing, with a business scope
covering traditional manufacturing, trading enterprises, labor-intensive enterprises, various types of service enterprises.
He always adheres to integrity, conscientiousness, and a pursuit of excellence in his work, and is committed to
providing high-quality legal services to every through professional legal knowledge.
Attorney Han Yi graduated from the Law School of Dalian University. He possesses solid professional legal knowledge and extensive work experience, and is familiar with the drafting of official documents and legal texts; he has excellent expression and communication skills; he has outstanding judgment and logical analysis abilities; he is upright and law-abiding; he has broad, enjoys socializing, and does his utmost to provide clients with higher-quality legal services.
After their efforts to protect their rights were obstructed, the plaintiff entrusted lawyers Sun Aolin and Han Yi from Beijing Rude Law Firm to represent them in this. After a comprehensive review of the contract, transfer records, communication logs, and bank audit materials, the two lawyers established a clear case strategy: first, to secure the facts that B failed to fulfill its intermediary obligations, constituting a fundamental breach of contract; second, to clarify the legal liability of Lu Ming for signing in the "guarantor" section and claim guarantee liability in accordance with the law; and third, to strictly follow the contract terms and legal provisions to request the termination of the contract and the full refund of the intermediary fee interest on the occupied funds.
The Ruede legal team is steadily advancing the case around the litigation claims:
1. Securing key evidence: Fully submitting evidence such as the brokerage contract, bank transfer vouchers, and
communication records to clearly prove the facts the plaintiff has made full payment and the defendant has failed to
fulfill its contractual obligations.
2. Strongly rebutting defenses: Regarding C's claim of "being merely an introdu and not bearing guarantee liability," the
lawyer pointed out that C signed in the "guarantor" section of the contract, indicating a true and clear expression of
intent, which legally a guarantee relationship; regarding the defense that "the loan failure is attributable to the
plaintiff," the lawyer pointed out that the contract does not stipulate that the refund can be withheld the loan fails due
to the plaintiff's reasons, and the defendant's defense has no contractual basis.
3. Clearly articulating the legal basis: Based on the provisions of Civil Code regarding contract termination, liability for
breach of contract, and guarantee liability, it is argued that because Company B's delay in performing its main
obligations made the purpose of the contract, the plaintiff has the right to terminate the contract, Company B should
issue a full refund, and C should bear the corresponding guarantee liability.
4. Safeguarding procedural rights: the absence of Company B, the lawyer assisted the court in ascertaining the facts of
the case, standardized the presentation and cross-examination of evidence, ensured that the case was tried inia in
accordance with the law, and maximized the protection of the client's interests.
四、case outcome
The court fully adopted the legal opinions of Rude Law Firm and rendered a first-instance judgment in accordance with the law. This case ultimately fulfilled all the core claims of the plaintiff. Rude Law Firm successfully helped the enterprise recover 800,000 yuan in financial losses and effectively mitigated the enterprise's operational risks. 
1. When signing loan brokerage or financing intermediary contracts, be sure to clearly define service standards,
completion deadlines, and refund conditions to avoid disputes caused vague terms.
2. Service fees should be paid via corporate account transfers, and all vouchers must be kept. Do not make cash
transactions or transfer funds to personal accounts.
3. The guarantor's signature should clearly specify the location and the statement of liability. In the event of a default,
assert your rights promptly to avoid exceeding the guarantee period.
4. Financing brokerage services carry high risks. If the other party delays or makes false promises, immediately secure
evidence and engage a lawyer to stop losses and protect your rights through legal channels in timely manner.
5. Enterprises should carefully select intermediary agencies during the financing process and must not blindly trust
promises such as "guaranteed loan approval" or "guaranteed credit" to reduce legal and financial risks.