Key legal question
Whether the debtor could rely on a newly raised payment/settlement defense in the appeal against definitive legal opening.
Extracted holding
No. The alleged payment defense could no longer be considered on appeal because new factual allegations and new evidence are excluded.
Extracted reasoning
Under Art. 326(1) ZPO, the appellate court may not consider new facts or new evidence. This applies equally when a payment is asserted and supported only by newly submitted evidence.