If there is no stipulated interest in the loan contract but the interest is actually paid, the court will first analyze it based on the content of the loan contract, secondly analyze it based on the actual interest paid, and thirdly analyze it based on the actual current interest rate standard. The analysis needs to explain and analyze how the court determined from the following three aspects.

1. Analyze based on the content of the loan contract

First, analyze based on the content of the loan contract. This is a very necessary method, because the loan contract content will have some specific contents. The agreement mainly stipulates a specific loan matter, the responsibilities and obligations that both parties to the loan should fulfill, and the effective date of the contract and the specific date of signing, etc. These are important information that can help the judge understand the loan more intuitively. Whether the contract is legal and compliant.

Second, analyze based on the actual interest paid

Secondly, analyze based on the actual interest paid, because in the current situation, although there is no specific interest agreement, the lender has Pay the corresponding interest. This situation is very rare. It is necessary to analyze the specific interest repayment by the lender. If it falls within a normal range, the lender should be allowed to repay it. However, if the interest on the loan is too high, it should be protected. Lender's interests.

3. Analyze based on the actual current interest rate standard

In addition, it is also very important to analyze the corresponding situation based on the actual current interest rate standard. If the borrower repays If the interest rate is too high, it falls into the category of loan sharking, so it needs to be dealt with and the corresponding lender should pay the legal price. This is very important for safeguarding the interests of the lender, because he has fallen into a loan situation. trap.

Things that the court should pay attention to:

The corresponding situation should be analyzed in detail based on the loan contract. If it falls within the scope of usurious interest, it should promptly help the borrower to defend his legal rights. , and make the corresponding lender pay corresponding legal costs.