民事诉讼中,对于当事人主张的利息应区分是利息损失还是利息收益。商品房买卖合同解除后,购房人所主张赔偿的购房款利息属于利息损失,适用损害赔偿的债上请求权规则,它与违约金在性质、功能上相当,根据合同法约定优先原则,二者不能并存,应优先适用违约金条款。如果违约金不足以弥补实际损失,可依当事人申请对违约金作出适当调整。 In civil lawsuit, the interest claimed by the parties should be distinguished from the interest loss or interest income. After the termination of the contract for the sale of commercial houses, the interest of the purchasers who claim compensation for the purchase of houses belongs to the loss of interest and applies to the rules on the claim of damages on damages, which is equal in nature and function to the liquidated damages and according to the principle of prioritization according to the contract law Coexistence, priority should be applied to liquidated damages clause. If the liquidated damages are not enough to make up for the actual losses, an appropriate adjustment may be made to the liquidated damages according to the party’s application.