How to calculate the interest on the debt during the period of economic contract enforcement, repaym

Execution Money: Monetary Obligations Determined by Legal Instruments for Settlement Interest on Debts During the Period of Delay in Performance.

Interest on debts during the period of deferred performance of repayment Monetary debts determined by legal instruments for repayment Benchmark interest rate of loans for the same period 2 Period of deferred performance.

Effective April 6, 2011 The benchmark interest rate for one-year loans is interest = 100,000 x x number of days of delay.

Supreme People's Court

On how to calculate in the implementation of work

Approval of issues such as interest on debts during the period of deferred performance.

Adopted at the 1465th meeting of the Adjudication Committee of the Supreme People's Court on March 30, 2009).

Sichuan Provincial High People's Court:

Your court's "Request for Instructions on Several Issues Concerning the Application of Law in Enforcement Work" (Chuan Gao Fa 2007 No. 390) has been received. After study, the reply is as follows:

1. When the people's court calculates the "interest on debts during the period of delayed performance" in accordance with Article 229 of the Civil Procedure Law of the People's Republic of China, it shall calculate it in accordance with the benchmark interest rate for loans for the same period stipulated by the People's Bank of China.

2. Where the enforcement proceeds are insufficient to repay all debts, the monetary debts determined in the legal documents and the interest on the debts during the period of delayed performance shall be repaid proportionally in accordance with the principle of concurrent repayment, unless otherwise agreed upon by the parties on the order of repayment in the enforcement settlement.

This is the case. Attached: Specific calculation method.

Attached: Specific calculation method.

1) Execution Money: Monetary debts determined by legal instruments for repayment, interest on debts during the period of delayed performance of repayment.

2) Interest on debts during the period of deferred performance of repayment Monetary debts determined by legal instruments for repayment Benchmark interest rate of loans for the same period 2 Period of deferred performance.

Daily interest rate () = annual interest rate (%)360

Effective April 6, 2011 The benchmark interest rate for one-year loans is.

Interest = 100,000 x x number of days of delay.

Interest doubled. It depends on how the interest rate is agreed at the time or according to the bank's interest rate for the same period.

Lawyer Song Yeming.

Legal analysis: 1. Monetary debts determined by the legal instruments for the settlement of the execution of the interest on the debts during the period of delayed performance of the settlement. 2. Interest on the period of deferred performance of the repayment of the debt The monetary debt determined by the legal instrument of the repayment The benchmark interest rate of the loan for the same period 2 The period of deferred performance.

Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law to Calculate Interest on Debts During the Period of Delayed Performance in Enforcement Proceedings

Article 1: In accordance with the provisions of article 253 of the Civil Procedure Law, the interest on debts for the period of deferred performance after which the calculation is doubled includes the interest on general debts and the interest on the doubled part of the debts during the period of deferred performance. The interest on general debts during the period of deferred performance shall be calculated according to the method determined by the effective legal documents; Where the effective legal documents do not determine the payment of such interest, it is not to be calculated. The interest on the doubled portion of the debt is calculated as follows:

Interest on doubled part of the debt = monetary debt other than the interest on the general debt determined by the debtor's outstanding effective legal instrument 1.75/10,000 per day The period of delay in performance.

Article 2 The interest on the doubled part of the debt shall be calculated from the date of expiration of the performance period determined by the effective legal documents; Where effective legal documents determine that performance is to be performed in installments, it is calculated from the date on which the period for each performance expires; Where the effective legal document does not specify a period for performance, it is calculated from the date on which the legal document takes effect.

The interest on debts during the period of delayed performance is calculated based on the time of the second-instance judgment, and the interest on general debts during the period of delayed performance is calculated according to the method determined by the effective legal documents; Where the effective legal documents do not determine the payment of such interest, it is not to be calculated. Article 253 of the Civil Procedure Law provides that if the person subject to enforcement fails to perform the obligation to pay money within the period specified in the judgment, ruling or other legal documents, the interest on the debt for the period of delayed performance shall be doubled. If the person subject to enforcement fails to perform other obligations within the time specified in the judgment, ruling, or other legal documents, Pei Xiang shall pay a penalty for delayed performance.

Legal analysis: The interest on the debt during the period of delay in performance of the person subject to enforcement is calculated at the time of the second-instance judgment. First of all, if the first-instance judgment is upheld in the second-instance trial, the effective judgment of the case can only be the second-instance judgment, and cannot be the first-instance judgment.

In other words, the relationship of rights and obligations between the parties has been undetermined from the time of the conflict to the time when the court renders an effective second-instance judgment.

Legal basis: Article 232 of the Civil Procedure Law of the People's Republic of China: Where the person subject to enforcement fails to perform the obligation to pay money within the period specified in the judgment, ruling, or other legal documents, the interest on the debt for the period of delayed performance shall be doubled.

The interest on the debt during the period of prudent and prudent delay in performance is calculated as double the payment of the interest on the debt during the period of delayed performance, that is, it is increased by one time on the basis of the interest on the debt calculated at the highest interest rate of the bank's loan for the same period. Even if the person subject to enforcement has fulfilled the obligations specified in the effective legal documents within the period specified in the enforcement notice, but beyond the performance period specified in the effective legal documents, the applicant for enforcement still has the right to require the person subject to enforcement to pay interest on the debts for delayed performance.

[Legal basis].Article 253 of the Civil Procedure Law of the People's Republic of China.

Where the person subject to enforcement fails to perform the obligation to pay money within the period specified in the judgment, ruling or other legal documents, the interest on the debt for the period of delayed performance shall be doubled. Where the person subject to enforcement fails to perform other obligations within the period specified in the judgment, ruling, or other legal documents, a penalty for delayed performance shall be paid.