Legal basis: Article 134 1 of Several Opinions of the Supreme People's Court on People's Courts Handling Loan Cases. Lending disputes between citizens, between citizens and legal persons, and between citizens and other organizations shall be accepted as lending cases. 2. If a lawsuit is brought to the court for disputes over borrowing securities such as foreign currency, Taiwan dollar and national debt, it shall be accepted as a loan case. 3. If the loan-loan relationship is clear and the creditor applies for a payment order, the people's court shall examine and accept it in accordance with the relevant provisions of the Civil Procedure Law on supervision procedures. 4. When examining and prosecuting a loan case, the people's court shall require the plaintiff to provide a written iou according to Article 108 of the Civil Procedure Law; If there is no written receipt, the necessary factual basis shall be provided. A lawsuit that does not meet the above conditions shall be ruled inadmissible. 5. If the debtor's whereabouts are unknown when the creditor files a lawsuit, it shall be under the jurisdiction of the court where the debtor's original domicile or property is located. The court shall require the creditor to provide evidence to prove the existence of the loan relationship, and announce and summon the debtor to respond to the lawsuit after accepting it. If the debtor fails to respond to the lawsuit within the time limit and the loan relationship is clear, the judgment may be made by default after trial; If the loan-loan relationship cannot be ascertained, the lawsuit shall be suspended.
Grasp the actual situation in this respect, but the maximum interest rate of similar loans of banks shall not exceed 4 times (including interest rate). Beyond this limit, the excess interest will not be protected. 7. The lender shall not include the interest in the principal to seek high profits. If it is found during the trial that the creditor included the interest in the principal to calculate compound interest, if the interest rate exceeds the limit stipulated in Article 6, the excess interest will not be protected. 8. If there is a dispute between the borrower and the lender on whether there is an agreed interest rate, and it cannot be proved, the interest can be calculated with reference to the bank's similar loan interest rate. If there is a dispute between the borrower and the borrower over the agreed interest rate, which cannot be proved, the interest may be calculated with reference to Article 6 of this opinion. 9. If the lender demands the borrower to pay the overdue interest for the regular interest-free loans between citizens, or if the interest is not paid after the non-regular interest-free loans are urged, the lender may calculate the interest with reference to the interest rate of similar loans from banks. 10. The loan relationship formed by one party in violation of its true meaning by means of fraud, coercion or taking advantage of the danger of others shall be deemed invalid. If the loan relationship is invalid due to the creditor's behavior, only the principal will be returned; If the debtor's behavior causes an invalid loan relationship, in addition to returning the principal, interest should also be paid with reference to the bank's similar loan interest rate.
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