“Taoyuan Clouded Leopards Vs. Chung Yuan University: The Legal Battle Over School Gymnasium Usage During COVID-19 Pandemic”

2023-05-19 02:03:03


The Taoyuan Clouded Leopards professional basketball team, which signed the star “Warcraft” Howard (Dwight Howard), was originally scheduled to be held from April 22 to 24 last year.Chung Yuan UniversityGymnasium training and competitions, but the school temporarily refused to borrow the venue on the grounds of the new crown pneumonia epidemic. Yun Nuo, who runs the Cloud Leopards,sportsThe cultural and educational company sued for nearly 10 million yuan in compensation, and the Taipei District Court ruled that Chung Yuan University should pay more than 430,000 yuan in compensation, which can be appealed.

The Yunnuo Movement advocates that the two parties sign the contract on November 25, 2021, and Chung Yuan University should providephysical educationThe team was expected to enter the gymnasium for training on April 22 last year, and to hold games on April 23 and 24. However, the school notified by phone on the 15th of the same year that according to the resolution of the school’s epidemic prevention meeting, the use of venues was suspended and the gymnasium was refused.


Yunnuo Sports pointed out that the company must rent another Taipei Peace Basketball Stadium to hold the game, and requested rental fees, venue insurance fees, refunds for pre-sale tickets, equipment moving fees, construction fees, contract fees, etc., totaling more than 9.76 million yuan.

Chung Yuan University refuted that 19 teachers and students in the school were diagnosed with new coronary pneumonia. In order to avoid the spread of the epidemic, a school-wide epidemic prevention meeting was held to suspend the dormitory, cancel the centralized mid-term exam, and suspend the use of on-campus venues. The report was approved by the response team of the Ministry of Education. Not liable for damages.

Chung Yuan University also pointed out that Yunnuo Sports used the gymnasium from January 25th to March 5th last year, and had not paid 90,000 yuan in usage fees, and requested to offset the expenses.

The Taipei District Court pointed out that according to the documents provided by the school, the school’s prohibition on borrowing venues only lasted until April 15 of the same year, and only during the suspension of physical courses did it need to control the physical activity space on campus. However, Chung Yuan University did not completely suspend physical courses. , The original suspension period is only until April 20.

Furthermore, Chung Yuan University allowed the UVL junior college volleyball league to be held in the gymnasium from April 26 to 28 of the same year. The school refused to allow the Cloud Leopards to use the venue. For the company’s extra use of the site, it was judged that Zhongyuan University should pay more than 460,000 yuan in compensation.

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