1. Whether the annual interest rate stipulated in the loan contract is supported by the court depends on the specific circumstances:
(1) In the loan contract, if the interest rate agreed by the borrower and the borrower does not exceed 24% of the annual interest rate, the court will support the appeal of the interest rate;
(2) If the lender and the borrower have agreed on both overdue interest rate and other expenses such as liquidated damages, the lender may choose to claim or claim together, but the total annual interest rate shall not exceed 24%;
(3) If the parties have agreed on the annual interest rate of 24% in the loan contract, and also agreed on liquidated damages, handling fees, etc. According to the law, the claim for liquidated damages and handling fees is not supported.
2. Legal basis: Article 667 of the Civil Code of People's Republic of China (PRC).
A loan contract is a contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest.
Chapter six hundred and eighty
It is forbidden to lend at high interest, and the interest rate of borrowing shall not violate the relevant provisions of the state.
If there is no agreement on the payment of interest in the loan contract, it shall be deemed that there is no interest.
If the loan contract does not specify the method of interest payment, and the parties cannot reach a supplementary agreement, the interest shall be determined according to the local or the parties' trading methods, trading habits, market interest rates and other factors; Loans between natural persons are regarded as having no interest.
2. How can I get the loan back when the loan contract expires and there is no money to repay it?
If you don't pay the due amount, you can solve it in two ways:
1. Both parties can negotiate and sign a repayment agreement to determine the repayment time, amount, interest, liability for breach of contract and other related matters, so that the other party can repay the loan in installments and gradually recover the money;
2. If the borrower and the borrower can't solve the problem through negotiation, they can bring a lawsuit to the court and ask the other party to repay the interest and bear the corresponding liability for breach of contract.