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"Arbitrage" Agreement invalid Cory "borrowing" the disputes

     "compound interest" written loan agreement, or in the loan agreement did not clearly state the purpose ... ... Recently, the State tightening Bank lending more difficult, private lending is very hot, but due to the understanding of the legal existence of errors, a lot of loan agreement flawed, these "problems have arisen" such that "borrowing" the disputes, not only friends of many years, broke, lenders loan also often boondoggle.


    "compound interest" void

     last year, the clothing business, Wang borrows money from a good friend Ms Liu, the two men said, borrowing 100,000 yuan, interest to 5000 Yuan, for one year. If expires is not, then 100,000 yuan plus 5000 even the arrears with interest as the new principal. Meng Fanxu lawyer Sun Kechao told reporters that this form of lending folk known as "arbitrage", at present, no support for this, so 5000 Yuan of interest cannot be used as the new principal. At 100,000 yuan in principal and interest is calculated on the basis of this, plus the first year's interest on 5000 Yuan, is the second year the full repayment amount. Also in accordance with the law, private lending interest rates of not more than four times times the Bank's benchmark lending rate over the same period, otherwise the excess part, the law does not support.

    IOU should clearly state the purpose

     Zhang Dong (a pseudonym) and Li Yu (not her real name) is a high school classmate, not long ago, said Zhang Dong, his father is seriously ill, in urgent need of 30,000 yuan to see a doctor, Li Yu immediately gave him 30,000 yuan lent Zhang Dong. After about a week, suddenly shrieked on the waterfront to see Zhang Dong's father, who was boxing, talk after that, old man does not come on. Li Yuchun Zhang Dong requested immediately found the money, but Zhang Dong and refuse to pay. Two people for this dispute. Sun Kechao said, in accordance with the law, borrowers cannot arbitrarily change the purpose or it may require immediate repayment thereof. But prior said stated in the promissory note borrowing, it is legally difficult to "altering the purpose" to request their immediate repayment.

    investments, loans should be clearly defined

     Mr Zhao and weeks specified in the promissory note, Mr weeks lend the 100,000 yuan to Zhao, Internet business, the lender does not participate in Internet business, 1 year after Internet revenue of 30%. And regardless of the Internet business, and a year later, Mr Zhao must be repaid. 1 year later, Internet business is booming, Mr Zhou said they deserve a 30% bonus. But Mr Zhao, their own Internet business of the year gone, and Mr Zhou is just sit back, had agreed to give him a bonus because they worry the money, therefore, Mr Zhao does not intend to give bonuses only reward to the other principal and the corresponding fee. Two people had a dispute. Sun Kechao said, according to the relevant legal provisions, two agreements for the joint venture, in fact, borrowing, Mr Zhou did not bear the risks, should not be given corresponding profit. Currently such disputes are very much in their lending for investment, loans should be considered before, playing petty can only harm themselves.


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