Whether there is a definite principle for the interest and interest rate of private lending. If the private lending contract is a paid contract, the determination of its interest and interest rate shall follow the following principles:

1. If the parties have an agreement on interest and interest rate, it shall be handled in accordance with the contract.

2. If the interest rate is agreed between the parties to a private lending contract, the agreed interest rate may be appropriately higher than the bank loan interest rate, but it shall not be higher than the relevant provisions of the state on limiting the loan interest rate. According to the judicial interpretation, the interest rate of private lending shall not exceed four times the interest rate of similar loans of banks (including interest rates). If this limit is exceeded, the excess interest will not be protected.

3, private lending parties shall not agree to calculate compound interest. The Supreme People's Court's judicial interpretation points out that the lender shall not include interest in the principal to obtain high profits. If it is found during the trial that the creditor includes interest in the principal to calculate compound interest, if its interest rate exceeds four times that of similar bank loans, the excess interest will not be protected.

4. If there is no agreement or unclear agreement on the payment of interest in the private lending contract, it shall be regarded as non-payment. If the lender requires the borrower to pay overdue interest for a fixed-term interest-free loan agreed between natural persons, or if the lender requires to pay interest after the non-fixed interest-free loan is urged, the interest can be calculated with reference to the bank's similar loan interest rate.

Second, the loan contract interest payment time

According to the Contract Law, the interest payment time of loan contract should be handled according to the following principles: the borrower should pay interest according to the agreed time limit. If there is no agreement or unclear agreement on the time limit for paying interest, it shall be determined according to the following principles:

1, which can be supplemented by agreement;

2. If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or trading habits;

3, in accordance with the provisions of the above two paragraphs is still uncertain, the loan period is less than one year, it should be paid together with the return of the loan; If the loan term is more than one year, it shall be paid at the end of each year; if the remaining term is less than one year, it shall be paid together with the loan.