[Case Summary]This case involves a dispute over a partnership contract. In May 2019, the plaintiff, Huang * , and the defendants, Jiao * and Wu *, agreed to jointly invest in a beauty salon. They stipulated that the plaintiff and Jiao * would jointly invest 250,000 yuan, with Jiao * contributing 200,000 yuan and the plaintiff contributing 50,000 yuan, and the plaintiff would transfer the funds to Jiao * for investment. After Jiao * withdrew from the partnership, the plaintiff continued to pay 50,000 yuan to Jiao * without his knowledge, but Wu * did not recognize the plaintiff's investment and Jiao * claimed that the money was a withdrawal fee. The plaintiff entrusted the Beijing Henglu Law Firm to handle the case.Chen Mei'e、YeqingyuThe lawyer filed a lawsuit, requesting to dissolve the partnership and return the sum of 50,000 yuan. The court determined that there was no evidence to support Jiao's defense, and ordered him to return 50,000 yuan to the plaintiff. The core disputes include the determination of the nature of the investment, the defense against the withdrawal of partnership funds, and the burden of proof. The applicable legal provisions are the relevant laws and regulations on partnership contracts.

I. Review of the Case Facts

"What should you do if a partner embezzles your investment?" "What if the partner says your money is a withdrawal fee?" "Can you get back your investment if you haven't signed a partnership agreement?" These are common risks in entrepreneurial partnerships. In this case, the plaintiff, Huang*, agreed with the defendants, Jiao* and Wu*, in May 2019 to jointly invest and operate a beauty salon project. It was agreed that Huang* and Jiao* would jointly invest 250,000 yuan, accounting for 50% of the beauty salon's investment. Among them, Jiao* would invest 200,000 yuan and Huang* would invest 50,000 yuan. Huang*'s investment would be invested in Wu* by Jiao* on behalf of Huang*.

In May 2019, Jiao * transferred the investment funds to Wu * to invest in the beauty salon. In July 2019, Jiao * withdrew from the business for personal reasons and communicated with Wu * about the withdrawal of partnership without the plaintiff's knowledge. The plaintiff expressed to Jiao * that he would continue to invest and paid 50,000 yuan to Jiao * on July 28, 2019, September 23, 2019, and December 16, 2019. The plaintiff did not participate in the operation and never inquired about it.

In November 2020, the plaintiff communicated with Wu *，the operator of the beauty salon, about the dividends. Wu * did not recognize the plaintiff's investment of 50,000 yuan. The plaintiff then communicated with Jiao *，who denied the investment and claimed that the 50,000 yuan was the beauty salon's withdrawal fee for him, and refused to provide the withdrawal agreement with Wu *. The plaintiff had no choice but to entrust Henglu Law Firm to appoint a lawyer with rich experience in the commercial field to handle the case.Chen Mei'ao,Yè QingyǔThe lawyer is representing this case.

II. The focus of the case

  • Focus 1: Whether the 50,000 yuan paid by the plaintiff to Jiao * was an investment or a withdrawal of partnership funds.Can the decision on the nature of the case be reversed?
  • Focus II: Is Jiao's defense that he "paid the withdrawal fee on behalf of Wu" valid?The burden of proof lies with Jiao*.
  • Focus Three: If no written partnership agreement is signed, how should the partnership relationship be defined and terminated?Proof of the factual partnership relationship.

III. The professional intervention of Hengluo Law Firm

The plaintiff (partner) claims that:50,000 yuan has been transferred to Jiao * as investment. The two defendants have infringed his legitimate rights and interests. He requests to dissolve the partnership and for the two defendants to return the 50,000 yuan.

The defendant (Jiao * ) argued that:This sum of money is actually the entry capital paid by the plaintiff to Wu *. The plaintiff has the burden of proof to refute his defense.

Hengluo Lawyer's Agency Opinion:Chen Mei'o、Yè QīngyǔThe lawyer communicated with the client at the first time and learned that the plaintiff had not signed a written contract with the two defendants. Therefore, the lawyer carefully analyzed the chat records and other key evidence to find a breakthrough. The lawyer argued that the evidence submitted by the plaintiff could prove that 50,000 yuan was transferred to Jiao *; Jiao * claimed that the money was the plaintiff's investment in the partnership and that the plaintiff should bear the burden of proof. Wu * claimed that Jiao * invested 205,000 yuan and should pay a withdrawal fee of 147,435 yuan. However, since Wu * did not recognize the withdrawal fee of 197,435 yuan and did not recognize that the plaintiff paid the withdrawal fee of 50,000 yuan on his behalf, the evidence submitted by Jiao * was insufficient to prove that Wu * should pay the withdrawal fee of 197,435 yuan and that the 50,000 yuan paid by the plaintiff was a withdrawal fee on his behalf. Therefore, Jiao *'s defense was unfounded and should bear the consequences of failing to provide evidence. Jiao * should return the 50,000 yuan to the plaintiff.

IV. Outcome of the case

After the trial, the court accepted the evidenceChen Mei'ao、Yè QīngyǔPart of the lawyer's opinion is that the evidence submitted by the defendant, Jiao * , cannot prove the validity of his defense, so he should return 50,000 yuan to the plaintiff. In summary, according to relevant legal provisions, the judgment is as follows: First, the defendant, Jiao *, shall return 50,000 yuan to the plaintiff, Huang *, within seven days after the judgment takes effect; Second, the plaintiff's other claims are dismissed; The case acceptance fee of 525 yuan shall be borne by the defendant, Jiao *.

5. Henglu Law Firm's Reminder

For partnership investments, it is essential to sign a written agreement, clarify the rules for investment and withdrawal, note the purpose of the transfer, and keep the chat records. This case was handled by Beijing Henglu Law Firm.Chen Mei'aoAttorney (Practice Certificate No.: 11101201911105336, subject to the certificate issued by the judicial administrative organ);YeqingyuThe attorney (practice license number: 11101201910076968, subject to the document issued by the judicial administrative organ) acting on behalf of the client reminds the partners that if there are disputes over investment, they should entrust professional lawyers to fix the evidence as soon as possible.

VI. Common Questions and Answers about Partnership Contract Disputes

  1. Q: If we haven't signed a partnership agreement, can we get back the money we've invested?
    A:Yes. Transfer records, chat records, reconciliation vouchers, etc. can prove the existence of a de facto partnership and the investment. If the other party denies it, they must provide evidence, otherwise they will bear unfavorable consequences.
  2. Q: What should I do if the partner says that your investment is a "withdrawal fee"?
    A:The defendant has the burden of proof; if he/she cannot prove the existence of the withdrawal fee debt and the payment on behalf of others, the court will usually not accept it, and the investment should be refunded.
  3. Q: If a partner withdraws from the partnership without authorization, is my investment safe?
    A:A partner's withdrawal from the partnership requires the unanimous consent of the other partners or compliance with the agreement. If a partner withdraws from the partnership and disposes of his investment without consent, the injured party may request the return of the investment and compensation.
  4. Q: How can I deal with the situation where the partner denies my investment share?
    A:The fixed bank statements, notes, WeChat confirmations, and communication records regarding the business dividends form a complete chain of evidence to prove the fact of investment.
  5. Q: How to dissolve a partnership in the event of a partnership dispute?
    A:It can be dissolved by agreement or requested to be dissolved according to law; if the purpose of the partnership cannot be achieved or if the partner seriously breaches the contract, the party can request the dissolution and liquidation and return the funds.