Li Xiaodong, the host of CCTV's legal report, took China Construction Bank to court because he thought that the "full interest" of China Construction Bank's credit card was unreasonable, and lost in the first instance. As a result, the court ruled that the bank was legal. On December 28, 217, Beijing No.2 Intermediate People's Court made a second-instance judgment (final judgment), revoked the first-instance civil judgment of Beijing Xicheng District Court, and demanded that China Construction Bank Beijing Branch return the deducted amount of 253.75 yuan to Li Xiaodong; Li Xiaodong's other claims were rejected. The judgment in

case is of typical significance. For customers who normally use credit cards, it is obviously unfair to bear the full penalty interest because the credit card amount is not fully repaid. Taking the adjustment of liquidated damages as a means to balance the interests of both parties, the relationship between banks and cardholders can be clarified when handling cases.

Paragraph 4 of Article 5 of the Receiving Agreement stipulates that if Party A fails to repay all the debts on or before the due date of transfer, all the repayable funds (including the part that Party A has already repaid) will not enjoy the interest-free repayment period, and overdraft interest will be calculated at the specified interest rate from the bank bookkeeping date.

according to paragraph 2 of article 114 of the contract law, if the agreed liquidated damages are excessively higher than the losses caused, the parties may request the court to reduce them appropriately.

Beijing No.2 Intermediate People's Court claimed that the interest-bearing clause in this case was legal and valid, and the cardholder should fulfill the contract agreement according to law. However, if the amount of compensation calculated in a case according to this interest-bearing rule is excessively higher than the loss caused by breach of contract, the cardholder may request the court to appropriately reduce the amount of compensation, and the court will make a judgment according to the specific facts of the case.

at present, full interest calculation is legal. The law has not clearly defined this behavior of banks, and full interest is also a very common situation. However, the applicant may request the court to reduce some amount at its discretion.