Judging from the meaning of the above-mentioned legal provisions, the loan between natural persons emphasizes whether the lender actually delivered the money. Both parties should not only have the intention to sign the loan, but also the lender must actually deliver the money to the borrower. The loan contract between the two parties shall take effect after the borrower receives the loan.
If the borrower and the borrower agree to borrow money, but the loan is not actually delivered, the loan contract signed by both parties is only established and does not take effect; If there is no written loan contract, but the lender has actually paid the money, the two parties have formed a factual loan contract relationship.
Therefore, when the actually received loan amount is inconsistent with the amount agreed in the loan contract, only the actually received loan amount can be used as the loan principal, but not the amount agreed in the loan contract.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 667 A loan contract is a contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest.
Article 668 A loan contract shall be in written form, unless otherwise agreed between natural persons.
The contents of a loan contract generally include terms such as loan type, currency, purpose, amount, interest rate, term and repayment method.