Brief introduction of the case: Xiaohuzi used to fight a lawsuit with Little Lion, won it, and got the winning judgment. Xu Baotong's legal team helped him apply for compulsory enforcement. Xu Baotong's lawyer team received a call from the 12368 executive judge, because the little lion's vehicle was seized, the little lion was anxious to repay the money and unseal the car, and the little lion proposed a monthly installment repayment plan. This news can make Xiaohuzi happy. So, how much should you pay back when you encounter a new problem? How much is returned each month? Xu Baotong's team of lawyers helped to calculate it. Xu Baotong's lawyer team carefully looked at the judgment and wrote judgment item 1, returned the principal judgment item 2, and returned the interest. 3. Reject other litigation claims. However, if we take a closer look at the judgment, there are still some words under the judgment that we need to see that "if the obligation to pay money is not fulfilled within the period specified in this judgment, the interest on the debt for the period of delay shall be doubled in accordance with the provisions of Article 253 of the Civil Procedure Law of the People's Republic of China." ”
1. Laws. Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in Calculating Interest on Debts During the Period of Delayed Performance in Enforcement Procedures (Legal Interpretation 2014 No. 8) Article 1 In accordance with Article 253 of the Civil Procedure Law, the interest on debts during the period of delayed performance shall be doubled, including the interest on general debts and the interest on partially doubled debts.
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 method of calculating the interest on the doubled part of the debt is as follows: the interest on the doubled part of the debt The monetary debt other than the interest on the general debt determined by the effective legal instrument that has not yet been paid off by the debtor 1.75/10,000 per day The period of delay in performance.
2. Interest calculation.
Xu Baotong's lawyer team explained as follows: The blue font refers to the return of interest in judgment item 2, and the interest calculation method written by the judge is sufficient. The red font refers to the paragraph after the judgment. In order to help Xiaohuzi use it, Xu Baotong's lawyer team specially made a formula** to make it easier for Xiaohuzi to understand and for the executive judge to perform the operation. Xiaohuzi saw that he was so happy, just this one, Xu Baotong's lawyer team helped to get back more than 320,000 yuan. With gratitude, Xiaohuzi went to the Executive Board to take notes.
Mr. Xu Baotong is a senior partner of Shanghai Jinkun Law Firm, a director of the International Bar Association (IBA), a mediator of the Asian Alternative Dispute Resolution and Mediation Center, an arbitrator of several arbitration institutions in China, an arbitrator of the Thailand International Arbitration Center (THAC), a member of the Chartered Institute of Arbitrators (CIARB), and a member of the American Accounts Receivable Collection Association (ACA International). Xu Baotong's lawyer team focuses on corporate, commercial, equity, contract litigation and arbitration dispute resolution, and has more than 10 years of experience in court trial practice and rule research, especially in contract disputes. This article cannot be regarded as legal advice or opinions on specific cases, and is only the adjudication rules of the court when the author's team handles similar cases.