【裁判要旨】在合同约定了债权转让条款的情况下,法院可以认定P2P平台具有诉讼主体资格;P2P平台从借款人处扣除的费用属于居间服务费,借款本金以出借人实际借出金额为准;逾期利息、违约金可以同时适用,但两者之和不得超过中国人民银行同期同类贷款利率的4倍。 The purpose of the referee In the case of the contract provides for the transfer of claims, the court can determine the P2P platform has the subject of litigation qualifications; P2P platform deducted from the borrower fee is an intermediate service fee, the loan principal to the lender actually lent the amount of The overdue interest and liquidated damages may apply at the same time, but the sum of the two may not exceed 4 times the interest rate of the People’s Bank of China over the same period.