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How to calculate the overdue interest rate of private lending interest rate
1, if the private loan exceeds the agreed repayment time and the loan contract stipulates the overdue interest rate, it shall be calculated according to the agreed method, but the annual interest rate shall not exceed 24%. 2. If the private loan exceeds the agreed repayment time and the loan contract does not stipulate the overdue interest rate, the lender may pay the overdue interest at the original agreed interest rate. 3. If private lending exceeds the agreed repayment time, and the loan contract does not stipulate the interest rate or overdue interest, the lender may require the borrower to pay the interest during the period of capital occupation, with an annual interest rate of 6%. Judicial Interpretation of the Supreme Court on Private Lending Article 29 If there is an agreement between the borrower and the lender on the overdue interest rate, such agreement shall prevail, but the annual interest rate shall not exceed 24%. If the overdue interest rate is not agreed or clearly agreed, the people's court may handle it according to different circumstances: (1) If neither the interest rate during the loan period nor the overdue interest rate is agreed, the people's court shall support the lender in claiming that the borrower shall pay the interest during the capital occupation period at the annual interest rate of 6% from the date of overdue repayment; (2) If the interest rate during the loan period is agreed, but the overdue interest rate is not agreed, the people's court shall support the lender to claim that the borrower shall pay the interest during the capital occupation period according to the interest rate during the loan period from the date of overdue repayment.