Questão jurídica principal
Whether the newly asserted payment defense could be considered on appeal.
Decisão extraída
No. New factual allegations and new evidence are inadmissible in the appeal proceedings, including a newly alleged and newly documented payment.
Fundamentação extraída
Under Art. 326(1) CPC, the appellate court excludes new facts and new evidence; therefore the debtor's first-time payment objection could not be heard.