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If there is no agreed interest, should the interest be calculated according to the bank's interest rate for the same period?
Legal analysis: there is no agreed interest on loans between individuals, so the claim of interest is generally not supported. If both parties give up the right to claim interest in the contract, it should be based on the contract. If there is a dispute between the borrower and the borrower on whether there is an agreed interest rate and it cannot be proved, the interest can be calculated with reference to the interest rate of similar loans from banks.

Legal basis: Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases.

Article 15 The plaintiff brings a private lending lawsuit only on the basis of debt certificates such as IOUs, receipts and IOUs. If the defendant argues that the loan has been repaid, the defendant shall provide evidence to prove his claim. After the defendant provides corresponding evidence to prove his claim, the plaintiff should still bear the burden of proof for the existence of the loan relationship.

If the borrowing behavior defended by the defendant does not actually occur and can be reasonably explained, the people's court shall comprehensively judge and verify whether the borrowing fact has occurred in combination with the facts and factors such as the amount of borrowing, the delivery of the money, the economic ability of the parties, the local or inter-party trading methods, trading habits, changes in the property of the parties, witness testimony, etc.

Article 25 If the lender requests the borrower to pay interest at the interest rate agreed in the contract, the people's court shall support it, except that the interest rate agreed by both parties exceeds four times the quoted interest rate of the one-year loan market at the time of the establishment of the contract.

The "one-year loan market quotation rate" mentioned in the preceding paragraph refers to the one-year loan market quotation rate issued monthly by the National Interbank Funding Center authorized by the People's Bank of China from August 20, 20 19.

Article 680 of the Civil Code of People's Republic of China (PRC) prohibits high-interest lending, and the interest rate of borrowing shall not violate the relevant provisions of the state.

If there is no agreement on the payment of interest in the loan contract, it shall be deemed that there is no interest.

If the loan contract does not specify the method of interest payment, and the parties cannot reach a supplementary agreement, the interest shall be determined according to the local or the parties' trading methods, trading habits, market interest rates and other factors; Loans between natural persons are regarded as having no interest.