Sending or receiving text messages such as “I love you” with a person other than your spouse could be considered solid proof of infidelity and a reason for divorce, a local court ruled Monday.
Whether sexual intercourse was involved or not, mental fidelity is the biggest element in a marriage, the Seoul Family Court said.
Judge Yeom Woo-young ordered a husband identified as Park to pay 50 million won and hand over half of his real estate to his wife Kim in a divorce settlement.
“Based on the text messages between Park and other women, this shows that Park was less than sincere to his wife, triggering irreconcilable differences in their marriage. Therefore, Park is solely responsible,” he said in the ruling.
Park and Kim got married in the 1970s and divorced twice but remarried. However, Kim previously alleged that Park has been violent and asked for restraining orders, which a local court granted.
Park was also caught corresponding mobile phone text messages such as “I love you,” “Good night, honey,” and similar content with another woman.
Kim filed for divorce over infidelity and domestic violence.
Another judge Kang Kyu-tae at the same court also ruled that a wife, identified only as Park, pay her native Chinese husband 10 million won for having an extra-marital relationship. Park was caught receiving “I love you,” “It feels sad that you are not here with me,” and other messages from a secret boyfriend.
'사랑한다' 문자메시지…이혼 사유
간통을 한 직접적인 증거가 없어도 은밀한 문자 메시지를 주고받았다면 이혼 사유가 된다는 판결이 잇따라 나왔다.
서울가정법원 가사3 단독은 아내 김 모 씨가 남편 박 모 씨를 상대로 낸 소송에서 두 사람은 이혼하라고 판결했다.
재판부는 박 씨가 주고받은 문자를 보면 부정행위가 나타난다고 밝혔습니다.
같은 법원 가사9 단독도 남편 이 모 씨가 아내 박 모 씨를 상대로 낸 소송에서 다른 남성이 보낸 '사랑해' 등의 문자를 증거로 인정해 이혼하라고 판결했다.
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