In practice, whether it is a loan dispute, a loan dispute, a project payment dispute, etc. Court decisions often decide that in addition to repayment of the principal (or loan or project funds), interest on arrears should also be paid (interest is calculated according to the loan interest rate of China People's Bank for the same period before the payment date determined by the effective judgment). Because the court judgment only lists the calculation methods and standards of interest, but there is no specific schedule standard for applying interest rate, when the case reaches the execution stage, there will often be disputes over the schedule standard for calculating interest rate. In the Supreme People's Court's judicial interpretation, there are only words such as "the same period" and "the same period and the same file", and there is no clear regulation on the specific application of "the same period and the same file".
Literally, "the same period" means that the date of arrears and the corresponding benchmark interest rate date announced by the central bank must be in the same period; but
The benchmark loan interest rate listed and announced by the central bank in the same period has multiple grades, such as within 6 months, 6 months to 1 year (including 1 year), 1 to 3 years (including 3 years) or 3 to 5 years (including 5 years). Therefore, it must be clear.
Specific interest rate grades that should be applied in the same period.
The interest rate of bank loans varies with the term. The longer the loan term, the higher the interest rate. The determination of interest rate shall be based on the "date", that is, the bank loan interest rate for the same period shall apply from the day after the expiration of the period specified in the legal documents. If the period from the date of interest calculation to the date of interest calculation is less than 6 months, the loan interest rate of less than 6 months shall apply; If it is 2 years, the interest rate of 1 to 3 years will apply, and so on.