In practice, whether it is a loan dispute, a loan dispute, a project payment dispute, etc. Court decisions often decide to pay the interest on the arrears in addition to the repayment of the principal (or loan payment or project payment) (the interest is calculated according to the loan interest rate of the People's Bank of China for the same period until the date of payment determined by the effective judgment). Because the court judgment only lists the calculation method and standard of interest, but not the specific schedule standard of applicable interest rate, when the case reaches the execution stage, there will often be disputes over the schedule standard of calculating interest rate. In the Supreme People's Court's judicial interpretation, there are only words such as "the same period" and "the same period and the same file", but there is no clear stipulation on the specific application of "the same period and the same file".
Literally, "the same period" means that the date of arrears and the corresponding benchmark interest rate date announced by the central bank must be in the same period; However, there are many benchmark loan interest rates listed and announced by the central bank in the same period, such as within 6 months, 6 months to 1 year (including 1 year), 1 to 3 years (including 3 years) or 3 to 5 years (including 5 years). Therefore, it is necessary to clarify the specific interest rate grades that should be applied in the same period.
The interest rate of bank loans varies with the term. The longer the loan term, the higher the interest rate. The determination of interest rate should be based on the "date", that is, the bank loan interest rate for the same period will be applied from the day after the expiration of the period determined by legal documents. If it is less than 6 months from the date of interest calculation to the date of interest calculation, the loan interest rate of less than 6 months shall apply; If it is 2 years, the interest rate of 1 to 3 years will apply, and so on.