Legal basis: Article 14 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases, the plaintiff filed a private lending lawsuit based on creditor's rights certificates such as IOUs, receipts and IOUs, and the defendant filed a defense or counterclaim based on the basic legal relationship, and provided evidence to prove that the creditor's rights dispute was not caused by private lending. The people's court shall, on the basis of ascertaining the facts of the case, conduct the trial in accordance with the basic legal relationship. The provisions of the preceding paragraph shall not apply to the creditor-debtor agreement reached by the parties through mediation, reconciliation or liquidation.
Article 37 of the Law of People's Republic of China (PRC) Commercial Bank shall conclude a written contract with the borrower. The contract shall stipulate the type, purpose, amount, interest rate, repayment period, repayment method, liability for breach of contract and other matters that both parties think need to be agreed.