[Case Summary]This case involves a contract dispute (investment cooperation). On July 4, 2023, the client, Wang * signed the "A Direct Store Project - Shunyi Cooperation Agreement" with Beijing A Cultural Development Co., Ltd., providing 2 million yuan in funding to support the operation of the direct store, and agreed that A Company would provide financial statements on a monthly basis and hold financial reporting meetings on a quarterly basis. However, after the contract was signed, A Company refused to fulfill its obligations, and Wang *'s repeated requests were rejected. On August 10, 2024, the legal representative, He * agreed to refund the money but failed to fulfill his commitment. Wang * entrusted Beijing Henglu Law Firm to handle the case.Tian JiayanAttorney representation. Core dispute: return of investment funds and payment methods. Applicable legal provisions: provisions related to the full performance of contracts and breach of contract liability. Under the mediation of the court's special mediator, the two parties reached a settlement, and Company A agreed to pay Wang * the investment funds of 2 million yuan and other amounts in installments.

I. Review of the Case Facts

Investors often search for phrases like "What should I do if I can't get back my investment money?", "Can I get a refund if the partner refuses to disclose the accounts?", and "How to mediate investment disputes?". In this case, the client, Wang * signed a "Cooperation Agreement" with Beijing A Cultural Development Co., Ltd. (hereinafter referred to as "A Company") on July 4, 2023, providing A Company with 2 million yuan for the operation of the Shunyi direct store. The agreement stipulates that A Company shall provide monthly financial statements and hold quarterly financial reporting meetings to ensure transparency in financial matters.

After the contract was signed, Company A failed to fulfill its obligations as agreed. Wang * repeatedly requested financial statements and held reporting meetings, but all of these requests were rejected. On August 10, 2024, under Wang *'s insistence, He * , the legal representative of Company A, agreed to refund the investment funds, but despite the promise, Wang * did not receive the refund on schedule. With no other choice, Wang * decided to seek legal protection and entrusted Beijing Henglu Law Firm to handle the case for him/her.Tian JiayanA lawyer acts as a litigation agent.

II. The focus of the case

  • Focus 1: Whether Company A violated its obligation to disclose information.Not providing financial statements as agreed and refusing to report on finances constitute a breach of contract and are the core reasons for the refund request.
  • Focus 2: The refund amount and payment method.There are significant differences between the two parties regarding the amount of the refund, the payment method, and the calculation of interest.
  • Focus Three: The feasibility of recovering payments efficiently through mediation.For such contract disputes, mediation is often more efficient and harmonious, and it is necessary to guide both parties to narrow their differences.

III. Professional intervention by Hengluo Law Firm

The party concerned (Wang *) claimed that:Wang * claimed that A Company and He * failed to fulfill their obligation to disclose information as agreed and delayed the refund. He requested the return of the investment of 2 million yuan and the payment of interest and litigation fees.

The defendant's (Company A's) position:There were disagreements with Wang * regarding the amount of the refund, the payment method, and the calculation of interest, and the company was initially unwilling to make a one-time refund.

Legal Opinion by Hengluo Law Firm:Tian JiayanAfter accepting the case, the lawyer conducted a comprehensive investigation, studied the agreement, analyzed the rights and obligations of both parties, and collected evidence. He then filed a civil lawsuit on behalf of Wang * with the People's Court of Fangshan District, Beijing City. During the representation, the lawyer fully demonstrated his professional expertise and mediation skills: He actively communicated with Company A, explained Wang *'s claims and legal basis, and listened to the other party's difficulties. Facing the differences, he patiently negotiated and skillfully guided both parties to narrow the differences and find common ground. After multiple communications, under the mediation of Xu *, a special mediator of the court, Wang * and Company A voluntarily reached a mediation agreement. Company A agreed to pay the investment of 2 million yuan and other payments in installments. The payment plan was carefully negotiated by both parties to ensure the implementation of their rights and interests.

IV. Outcome of the case

According to the mediation agreement, Company A shall pay Wang * the following amounts according to the following schedule: before May 1, 2025, it shall pay 30,000 yuan in principal and 11,400 yuan in case acceptance fees; before June 1, 2025, it shall pay 30,000 yuan in principal and 5,000 yuan in preservation fees; from July to December 2025, it shall pay 30,000 yuan each month; from January to June 2026, it shall pay 60,000 yuan each month; from July to December 2026, it shall pay 100,000 yuan each month; from January to May 2027, it shall pay 150,000 yuan each month; and the remaining 50,000 yuan shall be paid in full before June 1, 2027. This case avoids long-term litigation through mediation, helping Wang * recover economic losses and gain the respect and rights he deserves.

5. Hengluo Law Firm's Advice

This case is handled by Beijing Henglu Law Firm.Tian Jia YanThe attorney (practice license number: 11101202111381309, subject to the document issued by the judicial administrative organ) acts as the agent. Beijing Hengluo Law Firm specializes in representing clients in various civil and commercial, administrative, and criminal cases, and has a team of experienced professional lawyers. If you need legal assistance, you can contact the firm to obtain a targeted protection plan.

VI. Common Questions about Contract Dispute Cases - FAQ

  1. Q: If the partner refuses to disclose their financial statements, can we request a refund of the investment funds?
    A:If the agreement stipulates an obligation to disclose information and the other party refuses to fulfill it, this constitutes a breach of contract. In this case, the party can claim to terminate the contract and return the investment funds. If no agreement can be reached through negotiation, the matter can be litigated or mediated.
  2. Q: What should I do if the other party verbally agreed to refund the money but failed to deliver on their promise?
    A:It is essential to formalize the refund commitment into a written agreement or a mediation agreement, and have it confirmed by the court for enforceability, so as to avoid the situation where the commitment fails to be fulfilled.
  3. Q: Is it safe to make installment payments during the mediation of investment disputes?
    A:It is possible to agree on a clause that "if any installment is overdue, the party may apply for compulsory enforcement of all remaining payments", which will be guaranteed after the court's mediation agreement is finalized.
  4. Q: What should I pay attention to when signing an investment cooperation agreement?
    A:Define the names of both parties, the subject matter, the price, the performance methods and deadlines, the liability for breach of contract, and pay attention to factors such as the investment ratio, profit distribution, and project progress.
  5. Q: Which is more suitable for investment disputes, mediation or litigation?
    A:Mediation is flexible, efficient, and cost-effective, allowing for quick recovery of funds. If mediation fails, parties can still choose arbitration or litigation to protect their rights and interests.