Kernrechtsfrage
Whether the debtor could rely on payment as a new factual allegation in appeal proceedings.
Extrahierter Entscheid
No. The alleged payment could not be considered because new facts and new evidence are inadmissible on appeal.
Extrahierte Begründung
Under Art. 326(1) ZPO, the appeal court may not consider new factual allegations or new evidence; this also applies where payment is asserted and evidenced by newly submitted material.