Legal analysis: the annualized interest rate of 36% is not usury, only the part exceeding 36% can be usury. The interest rate protected by civil law is the annualized interest rate of 24%, and the range of 24%-36% belongs to the natural debt zone. During this interest period, if the borrower brings a lawsuit to the court to protect this interest, the court will not support it. The borrower has already paid this part of interest, which is paid by the borrower voluntarily. If it wants to go back to the court, the court will also dismiss the lawsuit. However, when the interest rate exceeds 36%, the excess interest is invalid and the borrower cannot pay it.
Legal basis: Provisions on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases Article 26 If the interest rate agreed by both borrowers and lenders does not exceed 24% of the annual interest rate, the people's court shall support it. The interest rate agreed between the borrower and the borrower exceeds the annual interest rate of 36%, and the interest agreement in excess is invalid.