Does the "Demonstration of Case" not agree that the interest court will support interest?

The basic case Li borrowed from Zhang. After Zhang delivered the principal of the borrowing in 2021, Li issued an arrears to Zhang, which stated that he borrowed 50,000 yuan today. Li repaid 20,000 yuan and no repayment, and Zhang filed a lawsuit with the court, advocating Li to repay the principal of 30,000 yuan in the loan and pay interest from the date of borrowing.

The focus of the dispute has not agreed to interest. Does Zhang have the right to claim that Li Mou pays interest? Although the two parties did not agree to the borrowing period, Zhang had the right to urge Li to return the loan within the reasonable period and failed to return the overdue. Li should pay overdue interest in accordance with the law. Combined with the evidence of this case, Zhang can advocate that Li pays interest in accordance with the law from the date of prosecution, but the interest during the borrowing period is not supported because the two parties do not have an appointment.

As a result of the referee, Li should repay the principal of 30,000 yuan in the borrowing principal and pay interest on the date of the borrowing principal from the date of the law.

Article 675 of the "People's Republic of China": Article 675 of the People's Republic of China: The borrower shall return the loan in accordance with the agreed period. If there is no agreement or an agreement on the borrowing period, or the agreement is not clear, if it is still not determined in accordance with the provisions of Article 510 of the Law, the borrower may return it at any time; the lender may urge the borrower to return within the reasonable period. Article 676: If the borrower fails to return the loan in accordance with the agreed period, it shall pay overdue interest in accordance with the agreement or the relevant state regulations. Article 680: The interest rate of borrowing shall not violate relevant national regulations. If the loan contract does not agree to pay interest, it is deemed that there is no interest. If the borrowing contract is not clear about the interest in paying, and the parties cannot reach supplementary agreements, they will determine interest in accordance with the local or parties' trading methods, trading habits, and market interest rates; borrowing between natural persons is deemed to have no interest.

If the judge says the loan between the natural person, the parties have not agreed to the borrowing period and the borrowing interest rate. The creditors can claim that the debtor pays overdue interest, but the specific date of calculation needs to be specifically determined in conjunction with the evidence.

Text: Phoenix Court Court for Audit: Trial and Management Office (Research Office)

- END -