Legal analysis: according to the provisions of the Civil Code, the amount and calculation method of liquidated damages shall be agreed by both parties to the contract; If there is a penalty clause in the contract but the amount of penalty is not written in the contract, it needs to be determined through consultation according to the specific penalty clause; If there is no penalty clause, if it is proved that there is a loss, you can also ask for corresponding compensation. If the parties to the contract have not agreed on the standard of liquidated damages for overdue payment, the people's court may calculate the liquidated damages for overdue payment with reference to the standard of charging interest for overdue loans of financial institutions stipulated by the People's Bank of China. When the People's Bank of China adjusts the standard for financial institutions to charge interest on overdue loans, the people's court may adjust the calculation standard for calculating overdue payment liquidated damages accordingly. The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the situation of breach of contract, and may also agree on the calculation method of the amount of compensation for breach of contract. If the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to reduce them appropriately. If the parties concerned pay liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

Legal basis: Article 583 of the Civil Code of People's Republic of China (PRC). If one party fails to perform its contractual obligations or fails to comply with the contract, and the other party still suffers other losses after performing its obligations or taking remedial measures, it shall compensate for the losses. Article 584 Where a party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the contract, thus causing losses to the other party, the amount of damages shall be equivalent to the losses caused by the breach of the contract, including the benefits that can be obtained after the performance of the contract; However, it shall not exceed the losses that the breaching party foresaw or should have foreseen when concluding the contract.