Case Overview

    A company needed to obtain a bank loan for business purposes. On May 30, 2023, A company signed an agreement with intermediaries B company and C 

individual (the guarantor) stipulating that B company would provide A company with an accurate and error-free loan approval process, organize the loan 

documentation, and facilitate communication with the bank regarding the implementation of the loan, ensuring that the bank’s credit approval would be completed 

within 30 days of the contract’s entry into force and that the loan would be disbursed within 60 days. If B company failed to assist A company in successfully 

disbursing the loan within 60 days, B company was obligated to refund the initial intermediary fees paid within 5 working days via the original route. After signing the agreement, A company paid a total of 800,000 yuan in initial intermediary fees to B company. However, B company was unable to assist the plaintiff in completing the bank’s credit approval within 30 days of the agreement’s entry into force or in disburring the loan within 60 days. B company is obligated to refund the 800,000-yuan intermediary fees as stipulated in the agreement, and C individual, as the guarantor, assumes general liability for this repayment obligation. A company has repeatedly requested the defendants to refund the intermediary fees, but to no avail.

Lawyer involvement.

A company believed that B Company and C individual had severely infringed upon its legitimate rights and interests, so it sought assistance from the Rule & De

Law Firm. The Rule & De Law Firm in Beijing assigned lawyers Sun Olin and Han Yi to handle the case.

    Lawyer Sun Olin graduated from Three Gorges University. In terms of his professional expertise, Lawyer Sun Olin specializes in resolving labor disputes, 

contractual

disputes, civil and commercial arbitration or litigation. He possesses strong control and handling capabilities over civil disputes, various types of lawsuits 

arising

 in the economic sector, and related legal matters.

Lawyer Sun Olin serves as the long-term legal counsel for numerous companies in Beijing. His practice covers traditional manufacturing industries, trading 

enterprises, labor-intensive enterprises, and various service-oriented businesses. He consistently upholds integrity, diligence, and meticulousness in his 

work, striving to provide high-quality legal services for each client through his expertise in law.

Lawyer Han Yi graduated from the Law School of Dalian University, possessing solid legal expertise and extensive work experience. He is familiar with

 the writing of various official documents and legal texts. He possesses excellent verbal and communication skills. He has outstanding judgment and logical 

analysis abilities. He is honest and law-abiding. He has a wide range of interests and enjoys interacting with others. He strives to provide clients with even 

better legal services.

The proceedings of the case.

During the preparation phase, lawyers Sun Olin and Han Yi conducted a detailed analysis of the case and concluded that defendant B Company had failed to 

assist plaintiff A Company in completing the bank credit line within 30 days after the agreement took effect and in completing the disbursement within 60 days. 

A Company was entitled to request B Company to repay the intermediary fee of 800,000 yuan paid by A Company in advance, with C natural person assuming 

general guarantee liability, in accordance with the terms of the agreement.

During the first-instance phase, lawyers Sun and Han further clarified the facts, organized and supplemented evidence, clarified the legal relationships, and

 applied the law to reach a conclusion, thereby establishing a comprehensive litigation framework. Through the vigorous advocacy of lawyers at Ru De Law Firm, 

the first-instance court upheld A Company’s request to terminate the intermediary contract with B Company and for B Company to refund 800,000 yuan and interest,

 with C natural person assuming general guarantee liability. Ru De Law Firm successfully safeguarded the legitimate rights and interests of its clients!

Lawyer’s Reminder

In business activities, agency contracts (intermediary contracts) are a common type of contract used in scenarios involving corporate financing, transactions, and other 

contexts. When the agent fails to fulfill their obligations as agreed upon during the execution of the contract, the principal party has the right to claim a refund and

 compensation based on the terms of the contract. When a company enters into an agency (intermediary) contract, it must clearly specify the service content, completion

 timeline, refund conditions, and breach of contract liabilities to avoid any ambiguity that could lead to disputes. During the execution of the contract, it is essential to maintain

records of communication, payment receipts, and other evidence to provide support for subsequent legal actions. In cases of contract breach, it is advisable to promptly engage 

a professional lawyer to effectively safeguard one’s legal rights through legal means.