overdue interest: it is the penalty interest caused by overdue loans, specifically refers to the overdue penalty interest of the lender who fails to repay the loan according to the contract.
the general operation is to increase the penalty interest by 3%-5% on the basis of the original loan interest rate, and the specific algorithm depends on the different circumstances of each case.
Calculation method of overdue loans:
Loan contracts are divided into commercial loans and private loans according to the nature of lenders;
The former refers to loans made by commercial banks or other financial institutions as lenders, while the latter refers to loans between natural persons and between legal persons and natural persons;
The calculation method of overdue loan interest varies according to the nature of the loan contract:
① If the parties have agreed on the loan term, interest during the loan period and overdue loan interest in the loan contract, they should respect the autonomy of the parties and follow their agreement. As long as the overdue interest of commercial loans does not exceed the interest rate standard stipulated by the People's Bank of China, and the interest rate of private loans is not higher than 4 times that stipulated by the Supreme People's Court, it should be calculated according to the agreed interest rate.
② Second, in the loan contract, the parties only agreed on the interest during the loan period, but did not agree on the interest on overdue loans. Lenders of commercial loans can require the borrower to pay overdue interest according to the interest rate agreed in the contract during the loan period, or they can require the borrower to pay overdue interest according to the relevant provisions of the state, and their choice lies with the lender.