The plaintiff sued the Central District People's Court of Jinan, demanding the defendant to repay the loan and pay interest (including default interest and compound interest). The defendant Ge had no objection to the fact of the loan and the amount owed, but requested the court to examine whether the basis for calculating the penalty interest claimed by the plaintiff was in compliance with the law.
After trial, the court held that the electronic loan contract signed by the original and the defendant through the online banking procedure was the true intention of both parties, and the content did not violate the prohibitive provisions of China laws and regulations, so it was legal and valid. After the signing of the loan contract, the original defendant and the defendant should follow the principle of good faith and actively perform their contractual obligations. The plaintiff submitted five copies of evidence, such as cash flow meter, statement of account, settlement list (details of arrears), which can prove the fact that the plaintiff fulfilled the loan to the defendant as agreed, and the defendant recognized this fact. After the loan expires, the defendant fails to repay the principal and interest of the loan in accordance with the contract, which constitutes a breach of contract and should bear the corresponding liability for breach of contract in accordance with the contract.
The People's Bank of China clearly stipulates that the interest, default interest and compound interest after loans overdue will be charged at a rate of 30%-50% on the basis of the loan interest rate agreed in the loan contract. In this case, the penalty interest on the principal agreed in the loan contract was charged at an interest rate higher than 50% of the loan interest rate, which met the requirements and was recognized by the court. Plaintiff Ge had to repay the loan principal of 224,600 yuan, loan interest of 12805. 14 yuan and penalty interest of 6,365.88 yuan as of September 20 18. The facts are clear and the evidence is indeed sufficient, and the court supports it. After that, the defendant should also pay the loan interest (including penalty interest) as agreed in the contract.
The court ruled in the first instance that the defendant Ge Mou repaid the principal of the bank loan of 224,600 yuan; The loan interest of RMB 0.02 as of September +08, September +09, September +0765438, and the loan interest (including penalty interest) calculated according to the loan contract from September +08, 2065438 to the actual repayment date of loan principal and interest.
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