How to calculate the interest when multiple borrowings?

【case】

Zhang is a friend relationship with Song. On January 11, 2020, Song borrowed 80,000 yuan to borrow funds on the grounds of the capital, with a monthly interest rate of 1.5 points. On April 30, 2021, Song borrowed 10,000 yuan from Zhang, and the monthly interest was still 1.5 points. At present, because Zhang Yu needed money, he asked Song Song many times, but Song pushed himself on the grounds that he had no money, and then sued the court.

【Hearing】

On August 10, 2022, the Wu'an People's Court conducted a public trial in accordance with the law. How to calculate the interest became the focus of controversy. In response, Zhang Mou, a member of the Chinese Law Society of Lawsuit and Chen Shaoyong, the Law Law Service Institute of Quyang County, believes that in accordance with the "Several Issues of the Supreme People's Court on the Application of Laws on Civil Loan Cases", " If the borrower pays interest in accordance with the interest rate agreed in the contract, the people's court shall support it, but the interest rate agreed on the two parties exceeds four times the interest rate of the one -year loan market at the establishment of the contract. ", Refers to the People's Bank of China authorized the one -year loan market quotation interest rate issued by the National Bank of China from August 20, 2019." Therefore, the interest of the plaintiff should be calculated separately, and the reasonable part of its reasonable part is requested to give support.

【judgment】

On August 11, 2022, after the public trial of the Wu'an People's Court, the interest of 80,000 borrowing interest from January 11, 2020 to the return of the Benju Benzhi to the borrowing contract. The annual loan market quotation interest rate of 4.15%is calculated at a four times of an annual interest rate of 16.6%; the same is true, the interest of 10,000 borrowing interest from April 30, 2021 until the repayment of the pair of money The one -year loan market quotation interest rate issued by the National Interbank Interbank Borrowing Center is 4 times the annual interest rate of 15.4%.

(Chen Shaoyong)

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