Every day, every person acts as both a creditor and a debtor, regardless of whether it is related to money or the provision of any services. This is how our world works - when a citizen has rights, another citizen necessarily has a duty to observe and prevent the violation of these rights.
The Civil Code (Art. 395) provides for additional financial liability of the debtor for failure to fulfill the obligation to return funds due to:
- illegal retention;
- evasion from their voluntary return;
- unjustified receipt (enrichment at the expense of another person);
- unreasonable savings.
Liability is provided in the form of payment of interest, the amount of which is determined by the size of the discount bank rate (refinancing rate) existing at the location of the creditor.
If the norms of special legislation are not applied to the existing relations, or the agreement does not provide for a different procedure for calculating interest, then the general conditions for calculating shall apply:
Amount of debt * number of days of overdue debt * 8, 25% (current refinancing rate) / 360 (number of days in a year)
In accordance with the Resolution of the Supreme Court of 08.10.199, when calculating the annual interest payable at the refinancing rate of the Central Bank of the Russian Federation, the number of days in a year shall be considered equal to 360 and in a month, respectively, 30 days.
Thus, with the amount owed - 20,000 rubles, the total debt period - from 2013-01-01 to 2014-01-02 (as a rule, the date of appeal to the court) will be:
20,000 * 391 * 8.25% / 360 = 1,792 rubles. 08 kopecks
