民间借贷纠纷案例汇编 | 法宝双语案例

Where a borrower and a lender enter into a settlement agreement for recalculating the outstanding principal and interest over two borrowings and for specifying the repayment method, repayment time, and liability for default, it should be determined that substantial modifications to the loan relationship have been made and the parties have settled some loans at the very time. If, after the execution of the settlement agreement, the borrower fails to fulfill its repayment obligation as stipulated in the agreement, an action initiated by the lender pursuant to the agreement does not constitute duplicative action.

二、云南兴富高速公路管理有限公司与陕西诚创建设有限公司等借款合同纠纷再审案

【裁判摘要】

[Judgment Abstract]

三、广州元阳房地产开发有限公司与石河子信远业丰股权投资管理有限公司等借款、担保合同纠纷上诉案

Guangzhou Yuanyang Real Estate Development Co., Ltd. v. Shihezi Xinyuan Yefeng Equity Investment Management Co., Ltd., et al. (appeal case regarding dispute over a loan guarantee contract)

【裁判摘要】

合同中约定违约金及逾期利息的，违约方应当如约支付。约定的逾期利息年利率为36%，但遵守合约方主动将计收标准调整为年利率24%的，该收益受法律保护。违约方主张将违约金标准应依法调减为同期银行贷款利率或者LPR利率但理据不足的，人民法院不予支持。

[Judgment Abstract]

Where a contract has stipulated liquidated damages and overdue interest, the breaching party should make the payment as per the contract. If the agreed annual rate of the overdue interest is 36%, but the non-breaching party adjusts it to 24% on its own initiative, the interest income obtained therefrom should be protected by laws. Nevertheless, where, in the absence of sufficient grounds and evidence, the breaching party claims that the agreed liquidated damages rate shall be reduced to the bank loan interest rate of the same period or Loan Prime Rate (LPR), a people's court should not support its claim.