3 Shao Shouyi is engaged in individual transportation business. In 2008, Shao Shouyi applied for a loan from the bank to expand his business scale. A commercial bank signed a loan contract with Shao Shouyi. The contract mainly stipulates that the loan amount is 300,000 yuan, the loan period is one year, the repayment period is the end of August 2009, and the interest is calculated according to the interest rate of similar loans announced by the central bank in the same period; The purpose of the loan is to buy a car. Shao Shouyi used 200,000 of the loan to buy a car, and another 654.38 million was used to repay the debts of other debtors. After a commercial bank found out, it immediately asked Shao Shouyi to repay. Shao Shouyi believes that the loan period has not expired and he is unwilling to repay it. The commercial bank then sued the court, demanding the termination of the loan contract, and demanding that Shao Shouyi immediately return the loan of 300,000 yuan and the corresponding interest.

[Expert Comment]

Article 203 of the Contract Law stipulates: "If the borrower fails to use the loan according to the agreed purpose, the lender may stop issuing the loan, recover the loan in advance or terminate the contract." At the same time, the Commercial Bank Law stipulates that lenders should strictly examine the borrower's loan purposes. The loan contract shall specify the purpose of the loan. The General Principles of Loans stipulates that if the loan is not used for the purposes stipulated in the loan contract, the lender may charge interest on part or all of the loan; If the circumstances are serious, the lender shall stop paying the unused loan of the borrower and recover part or all of the loan in advance. Combined with this case, according to the loan contract between Shao Shouyi and the commercial bank, the purpose of the loan is to buy a car, but Shao Shouyi failed to use the loan as agreed, which has violated the provisions of Article 203 of the Contract Law. It can be seen that commercial banks can exercise the right to recover loans in advance.