The Defendant file deka- appeal with the Supreme Court.
1. The defendant filed the Supreme Court that,
1.1 The defendant did not order goods from the plaintiff.
The Plaintiff's representative testified that, the Defendant ordered mobile phone and accessories in many items from the Plaintiff through electronic system twice. The Plaintiff delivered the goods to the Defendant. Then the Defendant has submitted request for installment payments for goods to the Plaintiff, claiming that the Defendant sell the goods but cannot charge from its customers. Therefore the Defendant cannot repay to the Plaintiff. Terms mentioned in the letter sent to Plaintiff clearly stated that Plaintiff’s goods had already been sold by defendant. Thus, if the defendant did not ordered of the plaintiff, there was no reason to submit such letter. The Supreme Court believed that the Defendant purchased goods from the Plaintiff according to a copy of the shipping and tax invoice.
1.2 Mr. Pornprasert is a recipient of goods and Mr.Pornprasert is not a Defendant's employees.
The Defendant accepted in its deka-appeal that, Mr. Pornprasert received goods from the Plaintiff, according to the signature in the copy of the delivery order and tax invoice and the Plaintiff agreed the same. The fact is therefore settled according to the judgment of the Appeal Court that the Plaintiff sent copy of delivery order and tax invoice to the Defendant and the Defendant authorized Mr.Pornprasert to received goods from the Plaintiff.
2. A request for installment payments for goods issued by the Defendant to the Plaintiff is letter of debt acknowledgement, admitting that the Defendant owe the goods price to the Plaintiff. Therefore the Defendant is liable to pay the goods price to the Plaintiff.
The Supreme Court agreed with the judgment of Appeal Court but found that the Appeal court is wrong about the date of claim submitted, therefore , revised to that the Defendant shall pay interest from the date of claim submitted (April 30, 2012) until payment is fully paid to the Plaintiff.