Holding a 10,000 yuan debit prosecution, why did the court only judge 3787.8 yuan and interest?

Only actually borrowed 9,000 yuan, but I used to write 10,000 yuan, and the monthly interest was 500 yuan. Can this borrowing such high interest be supported by the court? Obviously, this is not the case. The Wuhua Court of Guangdong tried such a civil loan dispute together. After deducting the relevant legal interest, the remaining "interest" was deducted from the principal, and the principal was finalized to repay the principal of 3787.8 yuan and interest in compliance with the law.

Wei Mouyou met Li. On January 21, 2020, Wei borrowed money from Li on the grounds of difficulty in capital transfer, and Li was lent to Wei 9,000 yuan through transfer. After the monthly repayment of principal and interest, Wei did not repay the principal after its expiration. After negotiation between the two parties, Wei re -issued a loan with a loan of 10,000 yuan on July 21, 2020 to Li. Gold continued from the borrowing on January 21, 2020. Later, Wei paid 500 yuan in interest to Li from July 2020 to August 2021, and then did not repay the principal and pay interest. In December 2021, Li held "IOU" to the court and requested that Wei to repay the loan principal of 10,000 yuan and from September 2021 to December 2021.

During the trial, when both parties recognized the loan, Li had deducted 1,000 yuan in interest and actually paid 9,000 yuan to Wei.

After hearing, the court believed that the legal loan relationship was protected by law and the debt should be settled. According to Wei ’s debit signed by Mou and the statement of the two parties in the trial, it can confirm the authenticity of Wei borrowed from Li. However, for the identification of the principal of the loan, in accordance with Article 26 of the "Supreme People's Court on the Application of Laws on the Application of Laws in Civil Loan Cases", if interest is deducted in the principal in advance, the amount of actual borrowing shall be borrowed shall be borrowed in advance. It is identified as a principal, so the principal of the borrowing should be 9,000 yuan. For the interest paid, Wei advocated that the legal interest rate should be derived from the legal regulations and support it in accordance with the law.

After calculation, the court finally ruled that Wei repaid the principal of 3787.8 yuan and the interest that complied with the law to Li.

The judge reminds: It is not desirable to agree that high interest on high interest

The law is prohibited from lending. Although the borrowing contract is signed on the basis of equality and voluntary, the prerequisite for equal and voluntary should be legal. The legal here means that the matters agreed in the loan contract should comply with the relevant laws. The two parties agreed that high interest on the two parties is not desirable. Even if the interest is paid, the creditors claim their rights to the court.

Legal know more D

Article 26 of the "Supreme People's Court on Several Issues of the Application of Laws on Civil Loan Cases" Article 26 The loan amount stated by the creditor's rights such as debit, receipts, and debts of the debit, receipts, and debts of the Supreme Loan Certificate is generally identified as the principal. If the interest is deducted in the principal in advance, the people's court shall identify the actual amount borrowed as the principal.

Article 31, paragraph 31 of the Supreme People's Court on the Application of Laws of Civil Loan Cases ", Article 31 (22) The newly accepted first -instance civil loan case after August 20, 2020. If the parties request the interest part of the judicial interpretation at that time to calculate the interest part from the contract from the contract to August 19, 2020, the people's court shall support it; Calculation of interest rate protection standards in these regulations.

The contract was established before August 20, 2020. Interesting the interests and applicable to the "Provisions on the Supreme People's Court on the Application of Laws on the Application of Cases of Civil Loan Cases", Article 26 (2) "The annual interest rate agreed in the borrowing parties exceeds 36%, exceeding the" Some interest agrees are invalid. If the borrower requests the interest of more than 36%of the annual interest rate of 36%of the annual interest rate, the people's court shall support it.

Text/Guangzhou Daily · Xinhua City Reporter: Articles of Association Correspondent: Zhang Bixia, Xu Bingqi/Guangzhou Daily · Xinhuacheng Reporter: Articles of Association Guangzhou Daily · Xinhua City Editor: Zhang Yu

- END -