According to the principle of separation of trial and execution, the judge only needs to make a judgment on the calculation method of overdue interest before the expiration of the performance period, and does not need to deal with the general debt interest during the deferred performance period. The person subjected to execution can calculate it by himself according to the calculation method determined by the judgment.
If the judge makes a ruling before the actual settlement date, it will generate three times the interest after the deadline:
First, the original judgment determines interest.
From the date when the loan interest is not paid to the date when the debtor actually pays off as determined in the original judgment.
2. Interest on general debts during the period of delay in performance.
The period from the date of payment determined by the judgment to the date of actual settlement shall be calculated according to the method determined by the effective legal documents.
Third, double the interest on some debts in the later stage of performance.
The period from the payment date determined by the judgment to the actual settlement date shall be calculated as 1.75 per day.
Obviously, the general debt interest is recalculated. Repeat the first or second place? The second is the legal calculation method, which is not repeated.
First of all, the content of the judgment should be corrected, so the judge only needs to make a judgment on the calculation method of overdue interest before the expiration of the performance period, and does not need to deal with the general debt interest during the extension period.
The person subjected to execution may calculate by himself according to the calculation method determined by the judgment. Otherwise, it will increase the burden of the debtor and provide the opportunity for the creditor to seek improper benefits, which violates the original intention of legislation.
Extended data;
Lending dispute refers to the dispute between the borrower and the lender because the borrowed property of others cannot be returned on time.
The general loan dispute is a kind of civil legal relationship, which should be adjusted by civil law without criminal responsibility. However, if the perpetrator defrauds property in the name of borrowing money, it should be punished as fraud.
The most important thing to distinguish between the crime of fraud in the name of lending and the crime of lending dispute is to find out whether the perpetrator has the purpose of illegally occupying other people's property.
The crime of loan fraud refers to the act of fabricating false reasons such as introducing funds and projects, using false economic contracts, false documents, using false property rights certificates as guarantees, repeatedly guaranteeing beyond the value of collateral, or defrauding banks or other financial institutions of loans in other ways, with a large amount.
To distinguish between loan fraud and loan disputes, we should focus on the following three aspects:
1. If there is a result of non-repayment at maturity, it depends on whether the fact that the actor's performance ability is insufficient when applying for a loan already exists and whether the actor is clear. If you can't fulfill the contract, you don't fully understand it. Even if it is not repaid at maturity, it should not be considered as a crime of fraudulent loans, but should be handled as a loan dispute.
2. It depends on whether the actor actively uses the loan for the purpose agreed in the loan contract after obtaining the loan.
3. It depends on whether the actor actively repays after the expiration. If the behavior only verbally acknowledges the repayment, in fact, it does not actively raise funds to prepare for the return, which cannot prove that the actor has no intention of fraud, no arrears of accounts, and not necessarily no intention of fraud.
References:
Baidu encyclopedia-private lending