This is a very professional IOU, and you can write it like this when lending money to others. Let's see what's good.
First of all, this article is very important because of my production and operation needs. If I borrow money for illegal reasons such as gambling, it is not protected by law, so I have to write this article.
Second, borrow money from someone. Note that this is blank. Blank means that the other party can fill in any content that is beneficial to them at will. It is strongly recommended that you never sign a blank agreement unless you have to.
Third, the loan is 5 million yuan, and the figures are all handprints, ensuring that the loan amount is very accurate and uncontroversial.
4. The loan term is 25 days, and the overdue interest is calculated at the monthly interest rate of 1.99%.
Fifth, all expenses paid by the lender for realizing the creditor's rights, such as attorney's fees, legal fees, travel expenses, etc. With this article, the other party can bear the cost of safeguarding rights.
Sixth, it is very important to sue in the plaintiff's place, which belongs to the agreed jurisdiction and can effectively reduce the plaintiff's litigation cost.
Seventh, many fierce guarantee clauses should be obvious to laymen, but there is no guarantor in this IOU, so it is useless.
Eighth, the signature takes effect. If you want to write a similar IOU, you can refer to this one.
Ninth, if you think there are signs of default, you can ask for early repayment at any time. This article may not be effective, but it is a supplement.
Article 10 It is very important to make an agreement on the service address to prevent you from finding the other party when you sue. If you have been in a lawsuit, you will know this.
Article 11 The borrower shall sign by hand and indicate the ID card and mobile phone number. So this is a very professional loan contract and the lender is very strong. I suggest you keep it as a template for modification.
What everyone here is most concerned about is that if the loan in the contract exceeds 25 days, the interest will be calculated at the monthly interest rate of 1.99%. If it is 5 million yuan, the monthly interest alone will be 1.2 million yuan, and the annual interest rate in that year will be 1.2 million yuan, which is nearly 24%. Is this usury?
Well, according to the current law, it has been forgotten, because the upper limit stipulated by the law is now 4 times LP, which means that private lending basically exceeds 15.4. This figure, even usury, is not protected by law, but this provision began on August 20, 2020, so ZhangJike's arrears occurred earlier. According to the provisions of the contract, it does not exceed the provisions of the Supreme People's Court on the applicable law in the trial of private lending cases.
What is the most important point of this contract? It is the reason for this loan that is the need of production and operation, not gambling arrears. This is an ordinary private loan, not a gambling debt, which should be repaid, and Zhang Dike should bear the civil liability for debt repayment.
These are all civil liabilities. Let me talk about criminal responsibility.
If ZhangJike often gambles in Cambodia, and the news is true, then the amount will not be small, and there will be many times. Even if ZhangJike has a legitimate occupation and does not take gambling as a source of income, his behavior still meets the constitutive requirements of gambling crime, just because his behavior is overseas, and if it is legal in the local area according to the principle of territorial jurisdiction, then the judicial organs in our country will probably not punish him for gambling crime.
In addition, ZhangJike took private photos of his ex-girlfriend, and the creditors used these private photos to ask Ms. Jing to pay back the money. If ZhangJike is involved in this act, ZhangJike may be guilty of extortion.
What I want to say is that even without an accomplice, this kind of behavior is quite bad, so I advise those idolized fans, celebrities and artists who have done it, that they may have achieved good results in some way, but it doesn't mean they are really good people. Eat melons after dinner and live a good life at ordinary times.