An Analysis On Dispute Between Beijing Fit Company And Beijing Nuomi Duo Company Over Brokerage Contract

Equity crowdfunding financing,as a new star of internet finance,plays a unique role in promoting business innovation,small business services.In the context of the rapid development of modern finance backed by the internet,equity crowdfunding is favored by small and medium enterprises more and more for its open,convenient and efficient features.However,at the same time of equity crowdfunding spreading out,the lacks of laws and regulations,financing supervision,standardized platform and other issues also spring up.Beijing Fit Company(counterclaim defendant)V.Beijing Nuomi Duo Company(counterclaim plaintiff)brokerage contract dispute was settled by two levels of courts.There are two controversial foci in this case:first,how is the effect of the《Financing agreement》signed by the two sides,how to define the legal relationship between contract subjects;Second,whether the parties have breach of contract and how do each bear the liabilities for breach of contract.First of all,the《Financing agreement》signed by the plaintiff Fit Company and the defendant Nuomi Duo Company is the real intention of both sides,and comply with the mandatory provisions of laws and regulations.So the contract is valid.Through the entire financing process,the legal relationship between the parties is brokerage contract relationship rather than commission contract relationship.Second,the "Renrentou" platform operated by Fit Company has a due diligence review.It responds to the authenticity of the financing information provided by the financier.The financing information provided by Nuomi Duo Company are significantly different from the actual situation,and Nuomi Duo Company can not provided the relevant documents.Investors are losing confidence in the Nuomi Duo Company if they can not completely rule out the risks of possible transaction,and then divestment.Nuomi Duo Company Should bear greater responsibilities for the breach of the contract.