Legal analysis: Interest with an annual interest rate of less than 36% is legal. More than 36% are not protected by law. 1. If there is no interest agreement in the loan contract or IOU, it can often be presumed that the borrower does not have to pay interest to the lender. In other words, legally speaking, the borrower gets an interest-free loan. 2. Although it may cause some damage to the interests of the lender, it is also the embodiment of the principle of honesty and trustworthiness. We usually call it the interest-free hypothesis. 3. In the lending relationship between natural persons, the borrower and the lender have not agreed on interest or the interest agreement is unclear. The lender claims to pay interest, but the court does not support it. Except for natural person loans, when the interest agreement between the borrower and the lender is unclear, the lender demands to pay interest, and the court will determine the interest from various angles such as market interest rate, trading environment and trading mode. 4. The loan interest shall not exceed the annual interest rate of 24%. 5. The loan interest rate exceeding 24% of the annual interest rate is not supported, and the part exceeding 36% must be returned. If the part between 24% and 36% has been paid, it is not necessary to return it.
Legal basis: Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases Article 27 After the principal and interest of the previous loan are settled, the borrower and the lender will include the interest in the principal of the latter loan and issue a new certificate of creditor's rights. If the interest rate in the early stage does not exceed four times the market quotation of the one-year loan when the contract is established, the amount specified in the reissued creditor's rights certificate can be confirmed as the loan principal in the later stage. The overcharged interest shall not be used as the loan principal in the future. According to the calculation in the preceding paragraph, if the sum of the principal and interest that the borrower should pay after the expiration of the loan term exceeds the sum of the interest of the whole loan term based on the initial loan principal and calculated according to the market quotation of the one-year loan at the time of the establishment of the contract, the people's court will not support it.