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和新是云南省丽江县一位种植水果的个体户。1999年,为贩运苹果,他向朋友借了1万元,并约定按人民银行的利率付息。因是多年的老朋友,也没有立下字据。但后来这位朋友了解到和新将苹果卖到外省,获利很大,就要求和新按人民银行利率的五倍付息。为此,两人发生纠纷,和新将此案起诉到法院。人民法院依法对此案进行了审理,并驳回了和新朋友的无理要求。最高人民法院在《关于人民法院审理借贷案件的若干意见》规定:1.人民法院审查借贷案件的起诉时,应要求原告
And the new is Lijiang County, Yunnan Province, a growing self-employed. In 1999, he borrowed 10,000 yuan from his friends for the trafficking of apples and agreed to pay interest at the interest rate of the People's Bank of China. Because many years of old friends, nor did they set a word. Later, however, this friend learned that selling new apples to other provinces and making a huge profit requires the payment of five times as much interest as the new People's Bank of China. To this end, the two disputes, and the new case prosecuted to the court. The people's court tried the case according to law and dismissed the unreasonable demands with new friends. The Supreme People's Court stipulates in the Opinions on Several Issues Regarding Trial of Lending Cases by People's Courts: 1. The people's court shall, when examining the prosecution of a loan case, require the plaintiff