The court held after trial that
On April 29th, 20021year, the plaintiff Dong Moumou transferred RMB 19200 to the defendant Lian Moumou through his WeChat, and the defendant Lian Moumou issued an IOU of RMB 20,000 to the plaintiff Dong Moumou, and the agreed repayment date was April 30th, 20021year. The outsider Shimou signed and sealed the guarantor. After the loan expired, the defendant even failed to repay the loan after repeated urging by the plaintiff.
The presiding judge said
The defendant Lian Moumou borrowed money from the plaintiff Dong Moumou, and the plaintiff Dong Moumou has paid the defendant Lian Moumou a loan of 19200 yuan, which is the true intention of both parties and does not violate the law. Therefore, the private lending relationship between the plaintiff Dong Moumou and the defendant Lian Moumou was established. Although defendant Lian Moumou issued an IOU of 20,000 yuan to plaintiff Dong Moumou, plaintiff Dong Moumou actually paid defendant Lian Moumou 65,438 yuan+09,200 yuan. Therefore, the plaintiff Dong Moumou appealed to the defendant Lian Moumou to repay the loan principal of 20,000 yuan, which was not supported by our court. It is suggested that the defendant Lian Moumou repay the loan principal 19200 yuan to the plaintiff Dong Moumou. Because the plaintiff Dong Moumou and the defendant Lian Moumou failed to reach an agreement on the loan interest, the plaintiff Dong Moumou appealed to the defendant Lian Moumou to pay the interest during the loan period, and the court did not support it. However, the defendant Lian Moumou should pay the overdue interest, and calculate the interest from the date of overdue repayment with reference to the quoted interest rate standard of the one-year loan market at that time.
The judge's statement
In judicial practice, both parties often deduct the loan interest directly when borrowing money, and the lender only pays the principal to the borrower after deducting the interest. According to Article 670 of the Civil Code of People's Republic of China (PRC): "The loan interest shall not be deducted from the principal in advance. If interest is deducted from the principal in advance, the loan will be repaid according to the actual loan amount and interest will be calculated. " Therefore, the principal that the borrower should repay to the lender is the actual loan amount, and the loan interest should also be calculated according to the actual loan amount.
Related Questions and Answers: If the loan principal interest calculator handles personal loans at China Merchants Bank, it will comprehensively calculate the "loan interest" according to the total loan amount, loan term, execution interest rate, repayment method and other factors. If you want to make a trial calculation for reference, please go to the home page of China Merchants Bank and click "Financial Calculator"-"Personal Loan Calculator" on the right to try to make a trial calculation using the benchmark interest rate of the current loan. (You can view information such as monthly payment, monthly payment principal, monthly payment interest, principal balance, total interest and total repayment).