Founder BEA Trust Co., Ltd. v. Ganzhou Julong High-Tech Industry Co., Ltd. and AVIC Trust Co., Ltd. (Dispute over Financial Loan Contract)—Difference Between Equity Repurchase and Withdrawal of Capital Contribution under Equity Trust Financing

When a trust company makes capital investment to a target company and withdraws after obtaining fixed income within the agreed period, and the funds used for the acquisition of equity come from the target company, whether such act constitutes withdrawal of capital contribution shall be determined by taking full consideration of the real transaction background of the trust company’s repurchase of equity through the target company and the merits of the case.